Download or read book Courting Conflict written by Lisa Hajjar and published by Univ of California Press. This book was released on 2005-01-31 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.
Download or read book The War in Court written by Lisa Hajjar and published by Univ of California Press. This book was released on 2022-10-18 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: How hundreds of lawyers mobilized to challenge the illegal treatment of prisoners captured in the war on terror and helped force an end to the US government's most odious policies. In The War in Court, sociologist Lisa Hajjar traces the fight against the US torture policy by lawyers who brought the "war on terror" into the courts. Their victories, though few and far between, forced the government to change the way prisoners were treated and focused attention on state crimes perpetrated in the shadows. If not for these lawyers and their allies, US torture would have gone unchallenged because elected officials and the American public, with a few exceptions, did nothing to oppose it. This war in court has been fought to defend the principle that there is no legal right to torture. Told as a suspenseful, high-stakes story, The War in Court clearly outlines why challenges to the torture policy had to be waged on the legal terrain and why hundreds of lawyers joined the fight. Drawing on extensive interviews with key participants, her own experiences reporting from Guantánamo, and her deep knowledge of international law and human rights, Hajjar reveals how the ongoing fight against torture has had transformative effects on the legal landscape in the United States and on a global scale.
Download or read book Getting Away with Torture written by Christopher H. Pyle and published by Potomac Books, Inc.. This book was released on 2011 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Follows the paper trail of torture memos that led to abuses at Guantanámo, in Afghanistan, and in Iraq.
Download or read book Overruled written by Damon Root and published by Macmillan + ORM. This book was released on 2014-11-04 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Damon Root, a senior editor of Reason magazine, Overruled: The Long War for Control of the U.S. Supreme Court is “the most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues” (The Washington Post). Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today’s blockbuster legal battles over gay rights, gun control, and health care reform. It’s a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. But many libertarians have no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.
Download or read book The War on Cops written by Heather Mac Donald and published by Encounter Books. This book was released on 2016-06-21 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violent crime has been rising sharply in many American cities after two decades of decline. Homicides jumped nearly 17 percent in 2015 in the largest 50 cities, the biggest one-year increase since 1993. The reason is what Heather Mac Donald first identified nationally as the “Ferguson effect”: Since the 2014 police shooting death of Michael Brown in Ferguson, Missouri, officers have been backing off of proactive policing, and criminals are becoming emboldened. This book expands on Mac Donald’s groundbreaking and controversial reporting on the Ferguson effect and the criminal-justice system. It deconstructs the central narrative of the Black Lives Matter movement: that racist cops are the greatest threat to young black males. On the contrary, it is criminals and gangbangers who are responsible for the high black homicide death rate. The War on Cops exposes the truth about officer use of force and explodes the conceit of “mass incarceration.” A rigorous analysis of data shows that crime, not race, drives police actions and prison rates. The growth of proactive policing in the 1990s, along with lengthened sentences for violent crime, saved thousands of minority lives. In fact, Mac Donald argues, no government agency is more dedicated to the proposition that “black lives matter” than today’s data-driven, accountable police department. Mac Donald gives voice to the many residents of high-crime neighborhoods who want proactive policing. She warns that race-based attacks on the criminal-justice system, from the White House on down, are eroding the authority of law and putting lives at risk. This book is a call for a more honest and informed debate about policing, crime, and race.
Download or read book The War on Kids written by Cara H. Drinan and published by Oxford University Press. This book was released on 2018 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2003, when Terrence Graham was sixteen, he and three other teens attempted to rob a barbeque restaurant in Jacksonville, Florida. Though they left with no money, and no one was seriously injured, Terrence was sentenced to die in prison for his involvement in that crime. As shocking as Terrence's sentence sounds, it is merely a symptom of contemporary American juvenile justice practices. In the United States, adolescents are routinely transferred out of juvenile court and into adult criminal court without any judicial oversight. Once in adult court, children can be sentenced without regard for their youth. Juveniles are housed in adult correctional facilities, they may be held in solitary confinement, and they experience the highest rates of sexual and physical assault among inmates. Until 2005, children convicted in America's courts were subject to the death penalty; today, they still may be sentenced to die in prison-no matter what efforts they make to rehabilitate themselves. America has waged a war on kids. In The War on Kids, Cara Drinan reveals how the United States went from being a pioneer to an international pariah in its juvenile sentencing practices. Academics and journalists have long recognized the failings of juvenile justice practices in this country and have called for change. Despite the uncertain political climate, there is hope that recent Supreme Court decisions may finally make those calls a reality. The War on Kids seizes upon this moment of judicial and political recognition that children are different in the eyes of the law. Drinan chronicles the shortcomings of juvenile justice by drawing upon social science, legal decisions, and first-hand correspondence with Terrence and others like him-individuals whose adolescent errors have cost them their lives. At the same time, The War on Kids maps out concrete steps that states can take to correct the course of American juvenile justice.
Download or read book Law and War written by Peter H. Maguire and published by Columbia University Press. This book was released on 2010 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a revised edition of Law and war : an American story [published in 2000]."--T.p. verso.
Download or read book The Judicial Tug of War written by Adam Bonica and published by Cambridge University Press. This book was released on 2020-12-17 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a novel theory explaining how and why politicians and lawyers politicise courts.
Download or read book Tug of War written by Harvey Brownstone and published by ECW Press. This book was released on 2009-03 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explaining complex family law concepts and procedures in a jargon-free style, this resource includes detailed information on how family court works, offers easily understandable case examples, and describes alternatives to litigation that are designed to help prevent families with children from entering the legal system to resolve disputes. Exploring subjects that apply to all parties involved in resolving separation, divorce, and custody conflictsjudges, lawyers, mediators, parenting coaches, psychologists, family counselors, and social workersthis reference demystifies the role of lawyers and judges, debunks the myth that parents can represent themselves in court, and examines each parents responsibility to ensure that post-separation conflicts are resolved with minimal emotional stress to children.
Download or read book Revolutionary War Law and Lawyers written by Thomas J Shaw Esq and published by . This book was released on 2019-09 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American Revolutionary War was the first "legal" war, where two nations with firm commitments to a common legal tradition faced off. Two hundred legal issues are identified from this time of war, from the supremacy of imperial law, taxation without representation, general writs of assistance, and founding new governments, to searching for gunpowder, defining allegiances, holding military officers to account, and establishing prize courts. For each legal issue identified, the relevant statutes passed or military orders given and the cases tried are discussed. Some trials are well known, other are not, while others simply have been forgotten but all are tied together here to create a legal overview of this conflict. The legal personalities behind the issues, laws, and cases are also presented. Exactly 274 lawyers and judges from the principal countries in this conflict, primarily America and Britain, are brought to life. Some were famous as current or future national leaders, others were relatively unknown then and now, and some gave their lives in service, often at a young age. These people, of differing nationalities, cultures, training, and roles, present a compelling human backdrop to understanding the legal story of the war.In addition to presenting the story behind these legal issues from across the globe, the book provides practical assistance by looking to the commonality of many issues across the major global wars with American involvement. Some of the issues presented and precedents set are useful in understanding and resolving current and future conflicts. This book has something for all types of readers: lawyers, judges, law students, fans of history or the history of war, and the general reader.
Download or read book Justice at War written by Peter Irons and published by Univ of California Press. This book was released on 1993-06-10 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice at War irrevocably alters the reader's perception of one of the most disturbing events in U.S. history—the internment during World War II of American citizens of Japanese descent. Peter Irons' exhaustive research has uncovered a government campaign of suppression, alteration, and destruction of crucial evidence that could have persuaded the Supreme Court to strike down the internment order. Irons documents the debates that took place before the internment order and the legal response during and after the internment.
Download or read book Justice in a Time of War written by Pierre Hazan and published by Texas A&M University Press. This book was released on 2004-09-03 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can we achieve justice during war? Should law substitute for realpolitik? Can an international court act against the global community that created it? Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the first trial of its ultimate quarry, Slobodan Miloševic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace. Le Monde’s review (November 3, 2000) of the original edition recommended Hazan’s book as a nuanced account of the Tribunal that should be a must-read for the new president of Yugoslavia. “The story Pierre Hazan tells is that of an institution which, over the course of the years, has managed to escape in large measure from the initial hidden motives and manipulations of those who created it (not only the Americans).” With insider interviews filling out every scene, author Pierre Hazan tells a chaotic story of war while the Western powers cobbled together a tribunal in order to avoid actual intervention, hoping to threaten international criminals with indictment and thereby to force an untenable peace. The international lawyers and judges for this rump world court started with nothing—no office space, no assistants, no computers, not even a budget—but they ultimately established the tribunal as an unavoidable actor in the Balkans. This development was also a reflection of the evolving political situation: the West had created the Tribunal in 1993 as an alibi in order to avoid military intervention, but in 1999, the Tribunal suddenly became useful to NATO countries as a means by which to criminalize Miloševic’s regime and to justify military intervention in Kosovo and in Serbia. Ultimately, this hastened the end of Miloševic’s rule and led the way to history’s first war crimes trial of a former president by an international tribunal. Ironically, this triumph for international law was not really intended by the Western leaders who created the court. They sought to placate, not shape, public opinion. But the determination of a handful of people working at the Tribunal transformed it into an active agent for change, paving the road for the International Criminal Court and greatly advancing international criminal law. Yet the Tribunal’s existence poses as many questions as it answers. How independent can a U.N. Tribunal be from the political powers that created it and sustain it politically and financially ? Hazan remains cautious though optimistic for the future of international justice. His history remains a cautionary tale to the reader: realizing ideals in a world enamored of realpolitik is a difficult and often haphazard activity.
Download or read book Twilight of Impunity written by Judith Armatta and published by Duke University Press. This book was released on 2010-07-30 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eyewitness account of the first major international war-crimes tribunal since the Nuremberg trials, Twilight of Impunity is a gripping guide to the prosecution of Slobodan Milosevic for war crimes, crimes against humanity, and genocide. The historic trial of the “Butcher of the Balkans” began in 2002 and ended abruptly with Milosevic’s death in 2006. Judith Armatta, a lawyer who spent three years in the former Yugoslavia during Milosevic’s reign, had a front-row seat at the trial. In Twilight of Impunity she brings the dramatic proceedings to life, explains complex legal issues, and assesses the trial’s implications for victims of the conflicts in the Balkans during the 1990s and international justice more broadly. Armatta acknowledges the trial’s flaws, particularly Milosevic’s grandstanding and attacks on the institutional legitimacy of the International Criminal Tribunal. Yet she argues that the trial provided an indispensable legal and historical narrative of events in the former Yugoslavia and a valuable forum where victims could tell their stories and seek justice. It addressed crucial legal issues, such as the responsibility of commanders for crimes committed by subordinates, and helped to create a framework for conceptualizing and organizing other large-scale international criminal tribunals. The prosecution of Slobodan Milosevic in The Hague was an important step toward ending impunity for leaders who perpetrate egregious crimes against humanity.
Download or read book War Law written by Michael Byers and published by Open Road + Grove/Atlantic. This book was released on 2007-12-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky
Download or read book Perilous Times written by Geoffrey R. Stone and published by W. W. Norton & Company. This book was released on 2004 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.
Download or read book Law War and Crime written by Gerry J. Simpson and published by John Wiley & Sons. This book was released on 2013-04-18 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: From events at Nuremberg and Tokyo after World War II, to the recent trials of Slobodan Milošević and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime. Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.
Download or read book Japanese War Criminals written by Sandra Wilson and published by Columbia University Press. This book was released on 2017-02-14 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.
