The Imperial Presidency and the Consequences of 9/11 [Two Volumes]

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The Imperial Presidency and the Consequences of 9/11 [Two Volumes] Lawyers React to the Global War on Terrorism

James R. Silkenat, Mark R. Shulman

Foreword by Barry Kamins, Bettina B. Plevan, E. Leo Milonas and Evan A. Davis

Book Code: C9440

ISBN: 0-275-99440-6

ISBN-13: 978-0-275-99440-2

DOI:

520 pages

Praeger Security International Multi-volume

Publication: 2/28/2007

List Price: $150.00 (UK Sterling Price: £85.00)

Availability: In Stock

Media Type: Hardcover

Also Available: Ebook

Trim Size: 7 x 10

Subjects:

Law » Contemporary Law
Law » International Law

Reviews:

Silkenat and Shulman collect reports, amicus briefs, and other materials produced by members of the New York City Bar Association commenting on the expansive powers pursued by President Bush in the wake of the September 11th terrorist attacks. The 23 documents, when not presenting recommendations (uniformly ignored by the administration), are overwhelmingly critical of the President's "War on Terror" policies and judge many of them to be of questionable legality and constitutionality.
—Reference & Research Book News May 2007

Description: The issue of the "imperial presidency", which is raised in connection with the Bush administration's response to the legal issues flowing from the 9/11 attacks, is one that now resonates broadly across the American political landscape: not just with Democrats, but with Republicans too; and not just with lawyers, but with the American public generally. Are the legal powers of the President unlimited in cases of terrorist attacks on the United States? Do the courts and legislatures have a role to play? How relevant is the U.S. Constitution in these instances? These reports, compiled by the NYC Bar Association, merit wider distribution. Thus, Silkenat and Shulman have brought them together to give readers a clearer sense of what the rule of law really means to Americans. As noted in a New York Times editorial in January 2006: "Nothing in the national consensus to combat terrorism after 9/11 envisioned the unilateral rewriting of more than 200 years of tradition and law by the president embarked on an ideological crusade." Over the past few years, much lip service has been paid to the phrase "rule of law." At the same time, the U.S. government has avoided basic rule of law principles by holding prisoners outside the law (off the books and out of Red Cross supervision, off shore or even on U.S. soil, but without due process or urgent matter that bears on the security of this country). In both volumes, learned practitioners and scholars argue in favor of adherence to time-tested principles. Each report has a preface that places the material in historical and legal context.

Table of Contents:

Preface
Acknowledgments
About the Editors
About the Contributors
Introduction
Chapter 1 Inter Arma Silent Leges: In Times of Armed Conflict, Should the Laws be Silent? A Report on the Presidents Military Order of November 13, 2001, Regarding Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism
Chapter 2
The Legality and Constitutionality of the Presidents Authority to Initiate an Invasion of Iraq
Chapter 3
Letter to President Bush Concerning the United Nations Charter Obligations Regarding Iraq
Chapter 4
Letter from the Association President to President George W. Bush re Human Rights and Security of Women and Girls in Afghanistan
Chapter 5
Letter to Honorable William J. Haynes II re Comments on Military Commission Instruction Crimes and Elements for Trials by Military Commissions
Chapter 6
Letter to U.S. Department of Defense Inspector General Joseph E. Schmitz re Enemy Prisoners of War and Other Detainees
Chapter 7
Amicus Brief: Jose Padilla v. Donald Rumsfeld
Chapter 8
A Comment on Legislation to Amend the Agriculture and Markets Law, in Relation to Unlawful Tampering with Animal Activities
Chapter 9
The Indefinite Detention of Enemy Combatants: Balancing Due Process and National Security in the Context of the War on Terror
Chapter 10
Recommendations Related to the Trial of Saddam Hussein
Chapter 11
Human Rights Standards Applicable to the United States Interrogation of Detainees
Chapter 12
Dangerous Doctrine: The Attorney Generals Unfounded Claim of Unlimited Authority to Arrest and Deport Aliens In Secret
Chapter 13
Letter from the Association President to U.S. Congressman Edward Markey re: HR 4674: The Proposed Legislation Seeking the End of U.S. Involvement in Extraordinary Rendition
Chapter 14
NYC Bar Association Issues Statement Opposing House 9/11 Bill
Chapter 15
Position Paper by the Committee on Labor and Employment Law re: The right of employees not represented by a labor organization to have a co-worker present during interviews that may lead to the discipline of an employee in light of real or threatened terrorist attacks.
Chapter 16
Torture by Proxy: International and Domestic Law Applicable to Extraordinary Renditions
Chapter 17
Letter from the Association President to the Honorable Alberto Gonzales re 9/11 Issues
Chapter 18
Statement of the Association with Respect to Release or Transfer of Detainees at Guantanamo Bay Naval Station
Chapter 19
Letter from the Association President to Representative Edward Markey re HR 952: The Proposed Bill Seeking to End U.S. Involvement in Extraordinary Rendition
Chapter 20
Letter from the Association President to Honorable Arlen Specter and Honorable Patrick Leahy re: Nomination of William J. Haynes II to a seat on the U.S. Court of Appeals for the 4th Circuit
Chapter 21
Letter from the Association President to Honorable Pat Roberts and Honorable John D. Rockefeller IV re: Hearings on Patriot Act Reauthorization and Revision
Chapter 22
Hamdan v. Rumsfeld: The City Bars Amicus Brief
Chapter 23
The Prevention and Prosecution of Terrorist Acts: A Survey of Multilateral Instruments

LC Card Number: 2006100488

LCC Class: KF5060

Dewey Class: 342

PDF Catalogs:
PSI Reference Spring 2008.pdf


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