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Book Harvard Law Review  Volume 128  Number 8   June 2015

Download or read book Harvard Law Review Volume 128 Number 8 June 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-06-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, June 2015, is offered in a digital edition. Contents include: • Article, “Active Avoidance: The Modern Supreme Court and Legal Change,” by Neal Kumar Katyal and Thomas P. Schmidt • Article, “The Invention of Low-Value Speech,” by Genevieve Lakier • Book Review, “Crown and Constitution,” by Tara Helfman • Note, “Causation in Environmental Law: Lessons from Toxic Torts” In addition, the issue features extensive student commentary on Recent Cases and policy positions, including such subjects as: corporate board of directors' duties in mergers under the Revlon doctrine; the propriety of a Delaware corporation's bylaws designating a non-Delaware exclusive forum; availability of habeas corpus review for sentencing error as to 'career offender' enhancement; whether remand orders can be vacated under Federal Rule of Civil Procedure 60(b)(3); whether housing providers can delay review of reasonable accommodations under fair housing law by requesting extraneous information; and, as to immigration law, analysis of the opinion by the Office of Legal Counsel endorsing President Obama's Executive Order on deferred action for parental accountability. Finally, the issue features summaries of Recent Publications, as well as a detailed and cumulative Index for all eight issues of Volume 128. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2300 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is June 2015, the eighth and final issue of academic year 2014-2015 (Volume 128). This quality digital edition from Quid Pro Books features active Contents, linked notes, active URLs in notes, and proper ebook and Bluebook formatting.

Book The Royalist Revolution

    Book Details:
  • Author : Eric Nelson
  • Publisher : Harvard University Press
  • Release : 2014-10-06
  • ISBN : 067473534X
  • Pages : 401 pages

Download or read book The Royalist Revolution written by Eric Nelson and published by Harvard University Press. This book was released on 2014-10-06 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Society of the Cincinnati History Prize, Society of the Cincinnati in the State of New Jersey Finalist, George Washington Prize A Choice Outstanding Academic Title of 2015 Generations of students have been taught that the American Revolution was a revolt against royal tyranny. In this revisionist account, Eric Nelson argues that a great many of our “founding fathers” saw themselves as rebels against the British Parliament, not the Crown. The Royalist Revolution interprets the patriot campaign of the 1770s as an insurrection in favor of royal power—driven by the conviction that the Lords and Commons had usurped the just prerogatives of the monarch. “The Royalist Revolution is a thought-provoking book, and Nelson is to be commended for reviving discussion of the complex ideology of the American Revolution. He reminds us that there was a spectrum of opinion even among the most ardent patriots and a deep British influence on the political institutions of the new country.” —Andrew O’Shaughnessy, Wall Street Journal “A scrupulous archaeology of American revolutionary thought.” —Thomas Meaney, The Nation “A powerful double-barrelled challenge to historiographical orthodoxy.” —Colin Kidd, London Review of Books “[A] brilliant and provocative analysis of the American Revolution.” —John Brewer, New York Review of Books

Book Proceedings of the World Anthropology Congress 2023  WAC 2023

Download or read book Proceedings of the World Anthropology Congress 2023 WAC 2023 written by Tulishree Pradhan and published by Springer Nature. This book was released on 2023-12-29 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access book.The World Anthropology Congress 2023 intends to explore multiple avenues for global peace and harmony for sustainable development of humankind, particularly of the indigenous, Adivasi and tribal people of the world. It is now well understood that Anthropology as a discipline can lend a powerful voice to non-hegemonic and marginalized cultural perspectives on both Global Peace and Development for ensuring social justice to the tribal and autochthones people. Since Global Peace and Development are multi-layered processes and Anthropology promotes the tradition of multifaceted thinking that ranges from the local to the global and traverses the space in bet ween, the discipline can unveil new dimensions in promoting lasting peace and sustained human development. Further, accumulated scientific evidence proves that many non -violent societies co-existed peacefully as a norm throughout the prehistoric period of the human existence. This indicates that human co-existence and peace were not mere words, but concepts that are integral to the texts of Anthropology. Therefore, deliberations in this Congress will contribute to the processes of Peace and Development of human society at different levels. The proposed World Anthropology Congress 2023 will continue this line of enquiry by playing a crucial role in creating a more contemporary and relevant debate on indigeneity, social justice, and global peace.

Book Harvard Law Review  Volume 128  Number 6   April 2015

Download or read book Harvard Law Review Volume 128 Number 6 April 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-04-10 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, April 2015, is offered in a digital edition. Contents include the annual Developments in the Law survey of a particular area of legal concern; this year's topic is Policing. Other contents include: • Article, "Consent Procedures and American Federalism," by Bridget Fahey • Essay, "Anticipatory Remedies for Takings," by Thomas W. Merrill • Book Review, "How a 'Lawless' China Made Modern America: An Epic Told in Orientalism," by Carol G.S. Tan Specific subjects studied in Developments in the Law—Policing are: Policing and Profit, Policing Students, Policing Immigrant Communities, and Considering Police Body Cameras. In addition, the issue features student commentary on Recent Cases, including such subjects as: the business judgment rule and mergers; whistleblowing under Dodd-Frank and extraterritoriality; senate redistricting in New York; postmortem rights of publicity; standing and overlap of various tests used; informing one who pleads No Contest of collateral consequences; exceptions to New York marriage license requirement for out-of-state marriages; exclusionary rule for violations of Posse Comitatus restrictions; and extending federal forced labor statute to conduct criminalized under state law. Finally, the issue features several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2500 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is Apr. 2015, the 6th issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.

Book Harvard Law Review  Volume 130  Number 8   June 2017

Download or read book Harvard Law Review Volume 130 Number 8 June 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-06-01 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents of Harvard Law Review: Volume 130, Number 8 - June 2017 include: * Article, "The Judicial Presumption of Police Expertise," by Anna Lvovsky * Essay, "The Debate That Never Was," by Nicos Stavropoulos * Essay, "Hart's Posthumous Reply," by Ronald Dworkin * Book Review, "Cooperative and Uncooperative Foreign Affairs Federalism," by Jean Galbraith * Note, "Rethinking Actual Causation in Tort Law" * Note, "The Justiciability of Servicemember Suits" * Note, "The Substantive Waiver Doctrine in Employment Arbitration Law" Furthermore, student commentary analyzes Recent Cases on: requiring proof of administrative feasibility to satisfy class action Rule 23; whether prison gerrymandering violates the Equal Protection Clause; justiciability of suit against the government for military sexual assaults; whether criminal procedure requires retroactive application of Hurst v. Florida to pre-Ring cases; whether statutory interpretation's rule of lenity requires fixing cocaine possession penalties by total drug weight; and, in international law, the UN's Security Council asserting Israel's settlement activities to be illegal. Finally, the issue includes several summaries of Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2300 pages per volume. Student editors make all editorial and organizational decisions. This is the final issue of academic year 2016-2017.

Book Harvard Law Review  Volume 128  Number 5   March 2015

Download or read book Harvard Law Review Volume 128 Number 5 March 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-03-10 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, March 2015, is offered in a digital edition. Contents include: • Article, "Creating Around Copyright," Joseph P. Fishman • Book Review, "Growing Up Outside the Law," Stephen Lee • Book Review, "Property Is the New Privacy: The Coming Constitutional Revolution," Suzanna Sherry • Note, "Working Together for an Independent Expenditure: Candidate Assistance with Super PAC Fundraising" In addition, the issue features student commentary on Recent Cases and policy positions, including such subjects as: defining 'government instrumentality' under the Foreign Corrupt Practices Act, invalidation of New York soda-portion cap, whether the Federal Energy Regulatory Commission lacks jurisdiction over rates for nonconsumption of energy, standard of review for compelled disclosures under commercial speech doctrine, Alien Tort Statute claims against an Abu Ghraib contractor, preemption of local zoning ordinances banning hydrofracking, and the Department of Justice's new presumption of electronically recording custodial interviews. Finally, the issue features several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2500 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is March 2015, the fifth issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.

Book Harvard Law Review  Volume 128  Number 4   February 2015

Download or read book Harvard Law Review Volume 128 Number 4 February 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-02-10 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, February 2015, is offered in a digital edition. Contents include: • Article, "The Consequences of Error in Criminal Justice," Daniel Epps • Book Review, "Running Government Like a Business ... Then and Now," Jon D. Michaels • Note, "International Norms and Politics in the Marshall Court's Slave Trade Cases" • Note, "Congress's Power to Define the Privileges and Immunities of Citizenship" • Note, "It's About Time (Place and Manner): Why and How Congress Must Act to Protect Access to Early Voting" • Note, "The Psychology of Cruelty: Recognizing Grave Mental Harm in American Prisons" In addition, the issue features student commentary on Recent Cases, Legislation, and Executive Orders, including such subjects as: whether false claims used to advise or encourage suicide are protected speech; whether pollutants from rail yards are "disposal" of solid waste; class action standing of absent class members in certain BP oil spill claims; review of an SEC settlement; municipal bankruptcy and preemption; requiring on-the-record indigency proceedings prior to incarceration for failure to pay fines; and prohibition of federal government and contractor employment discrimination on the basis of sexual orientation or gender identity. Finally, the issue features several summaries of Recent Publications. This issue of the Review is Feb. 2015, the fourth issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.

Book Harvard Law Review  Volume 128  Number 3   January 2015

Download or read book Harvard Law Review Volume 128 Number 3 January 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-01-10 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, January 2015, No. 3 of Volume 128, is offered in a digital edition. Contents include: • Article, “Uncovering Coordinated Interagency Adjudication,” by Bijal Shah • Note, “Deference and the Federal Arbitration Act: The NLRB’s Determination of Substantive Statutory Rights” • Note, “Education Policy Litigation as Devolution” • Note, “Physically Intrusive Abortion Restrictions as Fourth Amendment Searches and Seizures” • Note, “Copyright Reform and the Takings Clause” In addition, the issue features student commentary on Recent Cases and policy resolutions, including such subjects as constitutional protection for teacher tenure, suspicionless street stop of suspect’s companion, warrants to search foreign emails, confrontation clause in sentence selection phase of capital case, subject matter jurisdiction of tribal courts, physician inquiries into gun ownership and freedom of speech, reviewability of FDA inaction on pet drug products, and veto of a UN Security Council resolution on Syrian conflict. Finally, the issue features several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2500 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is January 2015, the third issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.

Book Harvard Law Review  Volume 128  Number 7   May 2015

Download or read book Harvard Law Review Volume 128 Number 7 May 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-05-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, May 2015, is offered in a digital edition. Contents include: • Article, “The Normalization of Foreign Relations Law,” by Ganesh Sitaraman and Ingrid Wuerth • Book Review, “The Family, in Context,” by Maxine Eichner • Note, “Forgive and Forget: Bankruptcy Reform in the Context of For-Profit Colleges” In addition, the issue features student commentary on Recent Cases and policy positions, including such subjects as: retroactive prosecution of conspiracy to commit war crimes at Guantanamo; holding a legislature in contempt for unconstitutional funding of education; bullying and criminal harassment law; first amendment implications of high school suppression of violent speech; using statistics to prove False Claims Act liability; first amendment problems of a requirement that sex offenders provide internet identifiers to police; BIA ruling that Guatemalan woman fleeing domestic violence meets asylum threshold; and FDA regulation on nutritional information under the Affordable Care Act. Finally, the issue features several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2400 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is May 2015, the seventh issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.

Book Harvard Law Review  Volume 131  Number 8   June 2018

Download or read book Harvard Law Review Volume 131 Number 8 June 2018 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2018-06-07 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Harvard Law Review  Volume 129  Number 1   November 2015

Download or read book Harvard Law Review Volume 129 Number 1 November 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-11-10 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: The November issue of the Harvard Law Review is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2014 Term, articles include: • Foreword: “Does the Constitution Mean What It Says?," by David A. Strauss • Comment: “Imperfect Statutes, Imperfect Courts: Understanding Congress’s Plan in the Era of Unorthodox Lawmaking,” by Abbe R. Gluck • Comment: “Zivotofsky II as Precedent in the Executive Branch,” by Jack Goldsmith • Comment: “A New Birth of Freedom?: Obergefell v. Hodges,” by Kenji Yoshino In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political, and constitutional subjects. Student commentary on Leading Cases of the 2014 Term includes recent cases on: private rights of action and Medicaid; government speech under the First Amendment; judicial campaign speech; Fourth Amendment standing; reasonable mistakes of law for searches and seizure; regulatory takings under the Fifth Amendment; preliminary injunctions in death penalty cases; separation of powers in bankruptcy jurisdiction; legislative control of redistricting; racial gerrymandering under the Fourteenth Amendment; dormant commerce clause and personal income tax; changing interpretive rules in administrative law; residual clause of the Armed Career Criminal Act; cost-benefit analysis under the Clean Air Act; mens rea for violating federal threats law; disparate impact and racial equality in fair housing law; nondelegation doctrine in the context of railroad-passenger law; religious liberty and land use; Sherman Act state action immunity; and destruction of evidence under Sarbanes-Oxley. Complete statistical graphs and tables of the Court's actions and results during the Term are included; these summaries and statistics, including voting patterns of individual justices, have been considered very useful to scholars of the Court in law and political science. The issue includes a linked Table of Cases and citations for the opinions. Finally, the issue features two summaries of Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. This current issue of the Review is November 2015, the first issue of academic year 2015-2016 (Volume 129).

Book Harvard Law Review  Volume 128  Number 1   November 2014

Download or read book Harvard Law Review Volume 128 Number 1 November 2014 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2014-11-10 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The November issue is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2013 Term, articles include: • Foreword: "The Means of Constitutional Power," by John F. Manning • Comment: "Slipping the Bonds of Federalism," by Heather K. Gerken • Comment: "The Supreme Court as a Constitutional Court," by Jamal Greene • Comment: "The Hobby Lobby Moment," by Paul Horwitz In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political and constitutional subjects. Student commentary on Leading Cases of the 2013 Term includes recent cases on: content neutrality under the First Amendment; compelled subsidized speech; free speech and contribution limits; legislative prayer and the establishment of religion; search and seizure law as to anonymous tips, cellphones, and cotenant consent; equal protection and political process; right to counsel; Eighth Amendment issues for intellectually impaired defendants; standing and jurisdiction; class actions; tribal immunity; the Clean Air Act; immigration of children; misrepresentation of buyer and gun control law; and copyright law's Transmit Clause. Complete statistical graphs and tables of the Court's actions and results during the Term are included. Finally, the issue features several summaries of Recent Publications. The issue also features essays on substantive and procedural law, and judicial method, honoring Justice Stephen G. Breyer and his notable contributions to law and the Supreme Court. The essays are written by scholars Martha Minow, Martha Field, Cass Sunstein, Richard Fallon, Michael Klarman, Todd Rakoff, Joseph Singer, John Manning, Laurence Tribe, I. Glenn Cohen, and Mark Tushnet. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. This current issue of the Review is November 2014, the first issue of academic year 2014-2015 (Volume 128).

Book Harvard Law Review  Volume 129  Number 8   June 2016

Download or read book Harvard Law Review Volume 129 Number 8 June 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-06-10 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The June 2016 issue, Number 8, features these contents: • Article, "Systemic Facts: Toward Institutional Awareness in Criminal Courts," by Andrew Manuel Crespo • Book Review, "Fixing Statutory Interpretation," by Brett M. Kavanaugh • Book Review, "Knowledge and Politics in International Law," by Samuel Moyn • Note, "Major Question Objections" • Note, "Chinese Common Law? Guiding Cases and Judicial Reform" • Note, "OSHA’s Feasibility Policy: The Implications of the ‘Infeasibility’ of Respirators" Furthermore, student commentary analyzes Recent Cases on sex-discrimination implications of gender-normed FBI fitness requirements; trademark law and the antidisparagement rule as a constitutional problem; practical elimination of the adverse-interest exception as a defense to fraud-on-the-market claims; deference to administrative agency’s amicus brief’s interpretation of student-loan regulations; parties' analysis of fair use before issuing copyright-violation takedown notice; causation standards for penalty enhancement in Controlled Substances Act cases; and admiralty jurisdiction and removal to federal court after a 2011 amendment to 28 USC § 1441. Finally, the issue includes several brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible graphics from the original, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the eighth and final issue of academic year 2015-2016.

Book Harvard Law Review  Volume 131  Number 2   December 2017

Download or read book Harvard Law Review Volume 131 Number 2 December 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-12-13 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Harvard Law Review  Volume 129  Number 5   March 2016

Download or read book Harvard Law Review Volume 129 Number 5 March 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-03-09 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The March 2016 issue, No. 5, features these contents: • Article, "Marriage Equality and the New Parenthood," by Douglas NeJaime • Essay, "Horizontal Shareholding," by Einer Elhauge • Book Review, "Keeping Track: Surveillance, Control, and the Expansion of the Carceral State," by Kathryne M. Young and Joan Petersilia • Note, "Constitutional Courts and International Law: Revisiting the Transatlantic Divide" • Note, "Defining the Press Exemption from Campaign Finance Restrictions" • Note, "Let the End Be Legitimate: Questioning the Value of Heightened Scrutiny's Compelling- and Important-Interest Inquiries" In addition, student commentary analyzes Recent Cases on state abortion laws and precedent; expectation of privacy in pocket dial; tax deductions for medical marijuana dispensary; appointments clause test for executive branch reassignments; takings by residential inclusionary zoning; and statutory interpretation using corpus linguistics. A commentary focuses on the Recent Court Filing by the DOJ arguing that a city ordinance prohibiting camping and sleeping outdoors violates the Eighth Amendment. Finally, the issue includes two brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the fifth issue of academic year 2015-2016.

Book Legal Orientalism

    Book Details:
  • Author : Teemu Ruskola
  • Publisher : Harvard University Press
  • Release : 2013-06-03
  • ISBN : 0674075781
  • Pages : 358 pages

Download or read book Legal Orientalism written by Teemu Ruskola and published by Harvard University Press. This book was released on 2013-06-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.

Book The Role of the Highest Courts of the United States of America and South Africa  and the European Court of Justice in Foreign Affairs

Download or read book The Role of the Highest Courts of the United States of America and South Africa and the European Court of Justice in Foreign Affairs written by Riaan Eksteen and published by Springer. This book was released on 2019-06-22 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states’ foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary’s role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.