[PDF] ↠ Unlimited ✓ The Court and the World: American Law and the New Global Realities : by Stephen G. Breyer ✓


  • Title: The Court and the World: American Law and the New Global Realities
  • Author: Stephen G. Breyer
  • ISBN: null
  • Page: 439
  • Format: Kindle Edition

  • In this original, far reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private from the conduct of national security policy to the conduct of international trade obliges the Court to understand and consider circumstanIn this original, far reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private from the conduct of national security policy to the conduct of international trade obliges the Court to understand and consider circumstances beyond America s borders It is a world of instant communications, lightning fast commerce, and shared problems like public health threats and environmental degradation , and it is one in which the lives of Americans are routinely linked ever pervasively to those of people in foreign lands Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally lodging, for instance, through online sites , it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water s edge To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently national security in its constitutional dimension how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions He goes on to show that as the world has grown steadily smaller, the Court s horizons have inevitably expanded it has been obliged to consider a great many matters that now cross borders What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections And in deciding such matters, can the Court interpret American laws so that they might work efficiently with similar laws in other nations While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law and, by extension, the advancement of American interests and values depends on its working in harmony with that of other jurisdictions Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of constitutional diplomats, a little remarked but increasingly important job for them in this fast changing world Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us Here is an invaluable understanding for lawyers and non lawyers alike.From the Hardcover edition.
    Stephen G. Breyer
    Stephen Gerald Breyer is an Associate Justice of the U.S Supreme Court Appointed by Democratic President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the liberal side of the Court.Following a clerkship with Supreme Court Associate Justice Arthur Goldberg in 1964, Breyer became well known as a law professor and lecturer at Harvard Law School starting in 1967 There he specialized in the area of administrative law, writing a number of influential text books that remain in use today He held other prominent positions before being nominated for the Supreme Court, including special assistant to the United States Assistant Attorney General for Antitrust, and assistant special prosecutor on the Watergate Special Prosecution Force in 1973.In his 2005 book Active Liberty, Breyer made his first attempt to systematically lay out his views on legal theory, arguing that the judiciary should seek to resolve issues so as best to encourage popular participation in governmental decisions.


    Commentaires:

    Lauren
    Oh, right. Now I remember why graduating from law school was one of the happiest days of my life, because the reading was really, really dense and often took three pages to say what could have been stated in a page, if not a paragraph.The Court and the World is everything I always hated about reading Supreme Court cases, but I’m very glad I read the book. Justice Breyer makes good arguments – and uses some pretty great examples – to explain why international law is not scary or a threat to [...]

    Jean Poulos
    This book is not an autobiography but a discussion of a long term controversy in law. Breyer discuss the question, does foreign law have a place in interpreting the American Constitution? Four of Breyer’s eight fellow justices say no. They are Chief Justice John Roberts and associate Justices Antonin Scalia, Clarence Thomas and Samuel Alito. They see it as a threat to the country’s tradition of democratic self governance on the other side, Breyer and three of his colleagues Ruth B. Ginsburg, [...]

    Mimi
    well maybe a 3.7. This is not an easy book for a non-lawyer type to read, but overall I appreciated the very sane, calm mind of the man who wrote it, and in these dark times appreciated his optimism, and his thoughts on the rule of law in this country and how it is changing to reflect the world.

    Yves Gounin
    « La Cour suprême, le droit américain et le monde » est le troisième ouvrage du juge Breyer publié en France chez Odile Jacob – à un prix qui risque hélas d’en limiter la diffusion. Il évoque des décisions rendues par la Cour suprême américaine – où il a été nommé par W. Clinton en 1994 – ayant une dimension internationale. Soit qu’il s’agisse pour la Cour de statuer sur l’application extraterritoriale des lois américaines (cette partie est joliment titrée « Chez [...]

    Richard
    This book was written by U.S. Supreme Court Justice Stephen Breyer. It was written largely in response to heavy criticism lodged against him and other members of the Court for considering and citing foreign judicial decisions when rendering opinions regarding cases brought before the Supreme Court. These criticisms were brought, largely, by conservative members of the political establishment, along with right-leaning news media sources and ill-informed journalists. Hopefully, reading this book w [...]

    Naomi
    As an international law scholar in the U.S this book was right up my alley and mostly review. Most of the book is summaries of key cases that show the way SCOTUS already applies international and foreign law in all sorts of contexts. There wasn't much new (for me), but I appreciated the ease of his explanations of all these cases and the fundamental framing/argument. Would recommend as easily accessible and important reading for non-lawyers or non-internationalists.

    Lauren
    This was quite dry, but also informative and persuasive. I'd chalk it up as something comprehensible but not palatable to the legalese layman.

    Tim Morgan
    Pretty technical. Almost a text book in a class about the modern Supreme Court. But I’m a lawyer and liked it.

    Jacob Lines
    The question isn’t whether American courts will or should consider foreign law, but how they will do so. As Justice Stephen Breyer relates in this book, the U.S. Supreme Court has been using foreign law in its decisions since the early days of the republic, and will continue to do so. Most of this book covers uncontroversial ground. It is mostly descriptive, explaining how the Court has used foreign law in the past. This is not a manifesto about using foreign law to remake American law, but an [...]

    Deborah
    Excellent book for anyone wanting to know more about the issues facing the Supreme Court now and in years ahead. This book was written in 2015, so you will be amazed that his first chapter hits right on the issues that we have most recently been confronting, i.e the power of the President, and the Executive Orders issued in the name of "national security".Justice Breyer explains how today's Supreme Court has been pulled into more and more issues involving international events including, but not [...]

    Rachel
    It took me awhile to get through this book, but I'm glad I stuck with it. I was charmed by Justice Breyer's attempt at making this inaccessible area of law accessible. He talks about the importance of recognizing and understanding foreign law in evaluating domestic cases. From human rights to international commerce to family law, Breyer points out where foreign law must be considered by American jurists. The individual cases he discusses are interesting and instructive. Although not all of the s [...]

    Lili
    My father bought this book as a gift for me after I graduated my JD program because he thought that I would like it based on a review he read in the New York Times. I truly appreciated the book because it distilled the majority of the challenging cases and concepts that we grappled with in my upper division International Law and Comparative Law classes, as well as my lower division Constitutional Law class, into relatively easy to understand take aways. I easily could name drop at least two doze [...]

    Adam Shields
    Short Review: This is a fairly technical book. But it is a fascinating look from inside the judicial system at how globalization and the modern reality of international commerce, travel and relationships have forced the justice system to interact with international law. This book is responding to complaints by judicial critics that US judges should not reference international law in their judgements. Breyer starts with 9 chapters detailing the current state of how US courts interact with interna [...]

    David
    enjoyed one case -- publisher of my only book [John Wiley & Sons Inc.] vs. some guy who had his relative in Thailand buy up the cheap "foreign edition" of a Wiley text and ship it to him for reselling at a higher price [still below US price]. The legal situation I guess touched on some precise aspects of the wording of copyright law, but the interesting part to me was more the morality. I thought the guy beat the publisher at their own game, but I suppose that's debatableyond that, i found t [...]

    Maria
    International boundaries just aren't what they use to be. Supreme Court Justice Breyer details several court cases that show how the US Supreme Court needs to consider international consequences of their ruling and how that will only increase.Why I started this book: I enjoyed Making Our Democracy Work: A Judge's View and was eager to read more from Breyer.Why I finished it: I should have stopped with his first book. This was a little too specific and while it opened my eyes to some of the legal [...]

    Gil Hahn
    Many years ago I spent an enjoyable evening with a couple of Arkansas defense attorneys. They assured me that the most effective argument to use to a jury in a murder case was that the victim "needed killing." "But," they cautioned, "you need to dress it up some."Justice Breyer's book is not similarly insightful. Its premises are that the world is becoming a smaller and more interconnected place and that the business of the courts involve more international concerns. Who would have guessed! The [...]

    Chris Edwards
    Overall a thoughtful reflection on what has become a very important topic. Justice Breyer demonstrates the importance of foreign law in today's jurisprudence separate and apart from the more controversial application of such law, interpretation of the American Constitution. His tendency to analyze in a qualitative way, eschewing bright-line rules, makes him an apt emissary for the value foreign law brings to American judges and lawyers. As a lawyer, I was familiar with the subject matter, but st [...]

    Anthony
    Weighty with case law excerpts and examples to reaffirm "the rule of law" in America, and its input and reach across the global communities of the interconnected world that we live in, the author covers a multitude of topics, concerns, and challenges for our judiciary. A good read for all citizens who are interested in the protection of their basic liberties.

    Angela
    This is a very technical look at the global influences on American law. I'm giving it two stars because it was much more pedantic and dense than I was expecting. More suited to law school than lay readers.

    Denise
    Lots of legalese! I enjoyed learning more about how the Supreme Court Justices work alongside the legislative and executive components of our government and how they are interacting with other systems throughout the world to make sure "the rule of law" is upheld.

    Jen
    Not a book, of course, for just general reading, but if you're interested in how the Supreme Court reaches some decisions it is very interesting.

    jim copley
    A lot to think aboutA well written book. I have heard the pros and cons of looking at foreign law to settle cases, the examples open up a whole new area of thought.

    John Machata
    Too dry and legal for my general interest in the Court.

    Nathan
    This was a good book. I enjoyed hearing Justice Breyer's perspectives on how international law affects the Supreme Court.

    John Otte
    Was hard to read with no Legal term vocabulary

    Steve
    I couldn't finish. A little dry for me but marginally interesting the first 80-100 pages.

    Dan Cotter
    This book is a highly accessible one by Associate Justice Stephen Breyer. Describes how the court must act in a highly connected world.

    Joseph
    In contrast to Immortal Chess - only for law nerds. A thoughtful treatment on the evolution of the law due to the shrinking of our planet. 3.5 of 5 stars.

    Judith
    Helps one to understand how interdependent the countries of the world are today in regard to commerce and other issues related to the Law.

    • [PDF] ↠ Unlimited ✓ The Court and the World: American Law and the New Global Realities : by Stephen G. Breyer ✓
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      Published :2020-01-16T14:37:35+00:00