Cover image for The court and the world : American law and the new global realities
The court and the world : American law and the new global realities
Breyer, Stephen G., 1938- , author.
First edition.
Publication Information:
New York : Alfred A. Knopf, 2015.
Physical Description:
viii, 382 pages ; 25 cm
"In this original, far-reaching and timely book, Justice Stephen Breyer examines the work of SCOTUS in an increasingly interconnected world, a world in which all sorts of public and private activity--from the conduct of national security policy to the conduct of international trade--obliges the Court to consider and understand circumstances beyond America's borders. At a time when ordinary citizens may book international lodging directly through online sites like Airbnb, it has become clear that judicial awareness can no longer stop at the water's edge"--
Part I. The past is prologue : the Constitution, national security and individual rights -- Silence: Cicero and his "political question" counterpart -- A second approach : "The President wins" -- A third approach : "The President goes too far" -- "No blank check" : Guantanamo -- Part II. At home abroad : the foreign reach of American statutory law -- Regulating international commerce -- Opening the courthouse door : the alien tort statute and human rights -- Part III. Beyond our shores : international agreements -- Treaty interpretation : child custody -- Investment treaties : arbitration -- The treaty power : structure -- Postscript : home alone, a political discussion -- Part IV. The judge as diplomat -- Interchange and substantive progress -- Advancing the rule of law.
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