Overview

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.

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9780275994402

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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

<p> 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. - <p>Reference & Research Book News

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

Author Information

James R. Silkenat is a partner in the firm of Arent Fox PLLC in New York City. He is a former Chair of the 16,000 member ABA Section of International law and helps coordinate Arent Fox's international practice in New York. Formerly Chair of the ABA Committee on the People's Republic of China, he was the founder of the China Law Reporter. He has served as a Fellow of the NEH and as a fellow in the State Department Scholar/Diplomat Program. He is author of more than 100 articles on international law, finance, and public policy. Mark R. Shulman is Assistant Dean for Graduate Programs and International Affiliations at the Pace University School of Law. Until 2003, he practiced corporate law at the international law firm of Debevoise & Plimpton. Immediately prior to joining Pace, he directed the Worldwide Security Program at the EastWest Institute. He has taught history at Yale University, Columbia's School of International and Public Affairs and the Air War College.

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