Litigating War

Litigating War

Author: Sean D. Murphy

Publisher: Oxford University Press

Published: 2013-03-27

Total Pages: 1061

ISBN-13: 019932414X

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Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future. The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.


Book Synopsis Litigating War by : Sean D. Murphy

Download or read book Litigating War written by Sean D. Murphy and published by Oxford University Press. This book was released on 2013-03-27 with total page 1061 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future. The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.


Litigation is War

Litigation is War

Author: Frederick Whitmer

Publisher: West Group

Published: 2007-01-01

Total Pages: 481

ISBN-13: 9780314977168

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Book Synopsis Litigation is War by : Frederick Whitmer

Download or read book Litigation is War written by Frederick Whitmer and published by West Group. This book was released on 2007-01-01 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Lawyers, Lawsuits, and Legal Rights

Lawyers, Lawsuits, and Legal Rights

Author: Thomas F. Burke

Publisher: Univ of California Press

Published: 2002

Total Pages: 279

ISBN-13: 0520243234

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"Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics


Book Synopsis Lawyers, Lawsuits, and Legal Rights by : Thomas F. Burke

Download or read book Lawyers, Lawsuits, and Legal Rights written by Thomas F. Burke and published by Univ of California Press. This book was released on 2002 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics


War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution

War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution

Author:

Publisher: DIANE Publishing

Published:

Total Pages: 21

ISBN-13: 1437988644

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Book Synopsis War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution by :

Download or read book War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution written by and published by DIANE Publishing. This book was released on with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Constitutional Torts and the War on Terror

Constitutional Torts and the War on Terror

Author: James E. Pfander

Publisher: Oxford University Press

Published: 2017

Total Pages: 281

ISBN-13: 0190495286

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Government accountability in the nineteenth century -- Bivens and government accountability in the twentieth century -- Human rights and War on Terror litigation -- Evaluating the effectiveness of Bivens litigation -- Evaluating justifications for judicial silence -- Congressional ratification of the bivens action -- Applying Bivens to conduct outside of the United States -- Overcoming qualified immunity -- Common-law solutions to judge-made problems.


Book Synopsis Constitutional Torts and the War on Terror by : James E. Pfander

Download or read book Constitutional Torts and the War on Terror written by James E. Pfander and published by Oxford University Press. This book was released on 2017 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government accountability in the nineteenth century -- Bivens and government accountability in the twentieth century -- Human rights and War on Terror litigation -- Evaluating the effectiveness of Bivens litigation -- Evaluating justifications for judicial silence -- Congressional ratification of the bivens action -- Applying Bivens to conduct outside of the United States -- Overcoming qualified immunity -- Common-law solutions to judge-made problems.


American Transitional Justice

American Transitional Justice

Author: Natalie R. Davidson

Publisher: Cambridge University Press

Published: 2020-07-02

Total Pages: 219

ISBN-13: 1108477704

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Explores how two landmark transnational human rights lawsuits operated as transitional justice mechanisms in the former Western bloc.


Book Synopsis American Transitional Justice by : Natalie R. Davidson

Download or read book American Transitional Justice written by Natalie R. Davidson and published by Cambridge University Press. This book was released on 2020-07-02 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how two landmark transnational human rights lawsuits operated as transitional justice mechanisms in the former Western bloc.


War Powers Litigation Since the Enactment of the War Powers Resolution

War Powers Litigation Since the Enactment of the War Powers Resolution

Author: David M. Ackerman

Publisher:

Published: 1999

Total Pages: 9

ISBN-13:

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Book Synopsis War Powers Litigation Since the Enactment of the War Powers Resolution by : David M. Ackerman

Download or read book War Powers Litigation Since the Enactment of the War Powers Resolution written by David M. Ackerman and published by . This book was released on 1999 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Gunfight: The Battle over the Right to Bear Arms in America

Gunfight: The Battle over the Right to Bear Arms in America

Author: Adam Winkler

Publisher: W. W. Norton & Company

Published: 2011-09-19

Total Pages: 376

ISBN-13: 0393082296

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A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.


Book Synopsis Gunfight: The Battle over the Right to Bear Arms in America by : Adam Winkler

Download or read book Gunfight: The Battle over the Right to Bear Arms in America written by Adam Winkler and published by W. W. Norton & Company. This book was released on 2011-09-19 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.


War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution

War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution

Author: David M. Ackerman

Publisher:

Published: 2003

Total Pages: 18

ISBN-13:

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Book Synopsis War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution by : David M. Ackerman

Download or read book War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution written by David M. Ackerman and published by . This book was released on 2003 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Humane

Humane

Author: Samuel Moyn

Publisher: Farrar, Straus and Giroux

Published: 2021-09-07

Total Pages: 242

ISBN-13: 0374719926

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"[A] brilliant new book . . . Humane provides a powerful intellectual history of the American way of war. It is a bold departure from decades of historiography dominated by interventionist bromides." —Jackson Lears, The New York Review of Books A prominent historian exposes the dark side of making war more humane In the years since 9/11, we have entered an age of endless war. With little debate or discussion, the United States carries out military operations around the globe. It hardly matters who’s president or whether liberals or conservatives operate the levers of power. The United States exercises dominion everywhere. In Humane: How the United States Abandoned Peace and Reinvented War, Samuel Moyn asks a troubling but urgent question: What if efforts to make war more ethical—to ban torture and limit civilian casualties—have only shored up the military enterprise and made it sturdier? To advance this case, Moyn looks back at a century and a half of passionate arguments about the ethics of using force. In the nineteenth century, the founders of the Red Cross struggled mightily to make war less lethal even as they acknowledged its inevitability. Leo Tolstoy prominently opposed their efforts, reasoning that war needed to be abolished, not reformed—and over the subsequent century, a popular movement to abolish war flourished on both sides of the Atlantic. Eventually, however, reformers shifted their attention from opposing the crime of war to opposing war crimes, with fateful consequences. The ramifications of this shift became apparent in the post-9/11 era. By that time, the US military had embraced the agenda of humane war, driven both by the availability of precision weaponry and the need to protect its image. The battle shifted from the streets to the courtroom, where the tactics of the war on terror were litigated but its foundational assumptions went without serious challenge. These trends only accelerated during the Obama and Trump presidencies. Even as the two administrations spoke of American power and morality in radically different tones, they ushered in the second decade of the “forever” war. Humane is the story of how America went off to fight and never came back, and how armed combat was transformed from an imperfect tool for resolving disputes into an integral component of the modern condition. As American wars have become more humane, they have also become endless. This provocative book argues that this development might not represent progress at all.


Book Synopsis Humane by : Samuel Moyn

Download or read book Humane written by Samuel Moyn and published by Farrar, Straus and Giroux. This book was released on 2021-09-07 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[A] brilliant new book . . . Humane provides a powerful intellectual history of the American way of war. It is a bold departure from decades of historiography dominated by interventionist bromides." —Jackson Lears, The New York Review of Books A prominent historian exposes the dark side of making war more humane In the years since 9/11, we have entered an age of endless war. With little debate or discussion, the United States carries out military operations around the globe. It hardly matters who’s president or whether liberals or conservatives operate the levers of power. The United States exercises dominion everywhere. In Humane: How the United States Abandoned Peace and Reinvented War, Samuel Moyn asks a troubling but urgent question: What if efforts to make war more ethical—to ban torture and limit civilian casualties—have only shored up the military enterprise and made it sturdier? To advance this case, Moyn looks back at a century and a half of passionate arguments about the ethics of using force. In the nineteenth century, the founders of the Red Cross struggled mightily to make war less lethal even as they acknowledged its inevitability. Leo Tolstoy prominently opposed their efforts, reasoning that war needed to be abolished, not reformed—and over the subsequent century, a popular movement to abolish war flourished on both sides of the Atlantic. Eventually, however, reformers shifted their attention from opposing the crime of war to opposing war crimes, with fateful consequences. The ramifications of this shift became apparent in the post-9/11 era. By that time, the US military had embraced the agenda of humane war, driven both by the availability of precision weaponry and the need to protect its image. The battle shifted from the streets to the courtroom, where the tactics of the war on terror were litigated but its foundational assumptions went without serious challenge. These trends only accelerated during the Obama and Trump presidencies. Even as the two administrations spoke of American power and morality in radically different tones, they ushered in the second decade of the “forever” war. Humane is the story of how America went off to fight and never came back, and how armed combat was transformed from an imperfect tool for resolving disputes into an integral component of the modern condition. As American wars have become more humane, they have also become endless. This provocative book argues that this development might not represent progress at all.