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American Law and the New Global Realities
Knopf
September 2015
On Sale: September 15, 2015
ISBN: 1101946199
EAN: 9781101946190
Kindle: B00UEL0LEU
Hardcover / e-Book
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Non-Fiction Political | Non-Fiction
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 privateโfrom the conduct of national security policy to the conduct of international tradeโobliges the Court to understand and consider circumstances beyond Americaโs 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 more 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 waterโs 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 dimensionโhow 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 โsmaller,โ the Courtโs horizons have inevitably expanded: it has been obliged to consider a great many more 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 more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American lawโand, by extension, the advancement of American interests and valuesโdepends 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 โconstitutional diplomats,โ 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.
 Media BuzzPBS News Hour - October 14, 2015
Diane Rehm Show - NPR - September 16, 2015
Morning Edition - September 14, 2015
CBS Sunday Morning - September 13, 2015
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