Does The Constitution Follow The Flag

Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 0199858179
Size: 50.43 MB
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The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

The Knockoff Economy

Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 0195399781
Size: 45.53 MB
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Contends that creativity can thrive in the face of piracy, arguing that the imitation of great designs forces an industry to innovate more quickly, and looks at examples of areas in which the practice has been accepted.

A Constitution Of Many Minds

Author: Cass R. Sunstein
Publisher: Princeton University Press
ISBN: 1400829925
Size: 50.94 MB
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The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

Advancing Democracy Abroad

Author: Michael McFaul
Publisher: Rowman & Littlefield
ISBN: 9781442201118
Size: 32.77 MB
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In Advancing Democracy Abroad, McFaul explains how democracy provides a more accountable system of government, greater economic prosperity, and better security compared with other systems of government. He then shows how Americans have benefited from the advance of democracy abroad in the past, and speculates about security, economic, and moral benefits for the United States from potential democratic gains around the world.

How Enemies Become Friends

Author: Charles A. Kupchan
Publisher: Princeton University Press
ISBN: 9781400834419
Size: 29.62 MB
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Is the world destined to suffer endless cycles of conflict and war? Can rival nations become partners and establish a lasting and stable peace? How Enemies Become Friends provides a bold and innovative account of how nations escape geopolitical competition and replace hostility with friendship. Through compelling analysis and rich historical examples that span the globe and range from the thirteenth century through the present, foreign policy expert Charles Kupchan explores how adversaries can transform enmity into amity--and he exposes prevalent myths about the causes of peace. Kupchan contends that diplomatic engagement with rivals, far from being appeasement, is critical to rapprochement between adversaries. Diplomacy, not economic interdependence, is the currency of peace; concessions and strategic accommodation promote the mutual trust needed to build an international society. The nature of regimes matters much less than commonly thought: countries, including the United States, should deal with other states based on their foreign policy behavior rather than on whether they are democracies. Kupchan demonstrates that similar social orders and similar ethnicities, races, or religions help nations achieve stable peace. He considers many historical successes and failures, including the onset of friendship between the United States and Great Britain in the early twentieth century, the Concert of Europe, which preserved peace after 1815 but collapsed following revolutions in 1848, and the remarkably close partnership of the Soviet Union and China in the 1950s, which descended into open rivalry by the 1960s. In a world where conflict among nations seems inescapable, How Enemies Become Friends offers critical insights for building lasting peace.

The Great American Mission

Author: David Ekbladh
Publisher: Princeton University Press
ISBN: 0691133301
Size: 64.79 MB
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The Great American Mission traces how America's global modernization efforts during the twentieth century were a means to remake the world in its own image. David Ekbladh shows that the emerging concept of modernization combined existing development ideas from the Depression. He describes how ambitious New Deal programs like the Tennessee Valley Authority became symbols of American liberalism's ability to marshal the social sciences, state planning, civil society, and technology to produce extensive social and economic change. For proponents, it became a valuable weapon to check the influence of menacing ideologies such as Fascism and Communism. Modernization took on profound geopolitical importance as the United States grappled with these threats. After World War II, modernization remained a means to contain the growing influence of the Soviet Union. Ekbladh demonstrates how U.S.-led nation-building efforts in global hot spots, enlisting an array of nongovernmental groups and international organizations, were a basic part of American strategy in the Cold War. However, a close connection to the Vietnam War and the upheavals of the 1960s would discredit modernization. The end of the Cold War further obscured modernization's mission, but many of its assumptions regained prominence after September 11 as the United States moved to contain new threats. Using new sources and perspectives, The Great American Mission offers new and challenging interpretations of America's ideological motivations and humanitarian responsibilities abroad.

The Modern State

Author: Christopher Pierson
Publisher: Routledge
ISBN: 1134761988
Size: 11.73 MB
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The modern state is hugely important in our everyday lives. It takes nearly half our income in taxes. It registers our births, marriages and deaths. It educates our children and pays our pensions. It has a unique power to compel, in some cases exercising the ultimate sanction of preserving life or ordering death. Yet most of us would struggle to say exactly what the state is. The Modern State offers a clear, comprehensive and provoking introduction to one of the most important phenomena of contemporary life. Topics covered include: * the nation state and its historical context * state and economy * state and societies * state and citizens * international relations * the future of the state

Jurisdiction In International Law

Author: Cedric Ryngaert
Publisher: Oxford University Press, USA
ISBN: 0199688516
Size: 51.75 MB
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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.