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Review Of The Constitution’S Text In Foreign Affairs, Daniel Marcus
Review Of The Constitution’S Text In Foreign Affairs, Daniel Marcus
Book Reviews
American constitutional historians and jurists have debated for decades what to make of the Constitution's relative silence about foreign affairs. The framers said a good deal about one aspect of foreign affairs—war powers. However, there are only a few provisions dealing with diplomacy and foreign affairs more generally, empowering the President to make treaties and name ambassadors, but only with the advice and consent of the Senate. Nonetheless, the lesson of American history and constitutional law, at least since the early twentieth century, is that the President has the preeminent if not exclusive role in shaping and conducting U.S. foreign …
The Long War, The Federal Courts, And The Necessity / Legality Paradox, Stephen I. Vladeck
The Long War, The Federal Courts, And The Necessity / Legality Paradox, Stephen I. Vladeck
Book Reviews
This paper is a solicited review of Ben Wittes's book "Law and the Long War: The Future of Justice in the Age of Terror," which rightly suggests that there would be far less legal uncertainty today vis-a-vis the conduct of the war on terrorism had the Bush Administration sought - and had Congress provided - framework legislation governing issues ranging from the detention of "enemy combatants" to surveillance and even interrogation.
Nevertheless, the review takes issue with Wittes's critique of the role of the courts thus far, especially his contention that the Supreme Court's decisions to date may be seen …
What Ngo Accountability Means - And Does Not Mean, Kenneth Anderson
What Ngo Accountability Means - And Does Not Mean, Kenneth Anderson
Book Reviews
This essay offers a review (4000 words) of "NGO Accountability: Politics, Principles and Innovations," Lisa Jordan and Peter van Tuijl, eds. (London: Earthscan 2006).
International and transnational NGOs have been under criticism for alleged lack of accountability since they emerged into prominence in the 1990s. In recent years, the debate over NGOs has shifted from legitimacy and "representativeness" to accountability in the narrower senses of internal governance, fiduciary responsibility, relationships with national governmental authorities, and similar issues. The volume under review seeks to cover both aspects of the debate, with emphasis on the latter, narrower issues. The review essay argues …
What Ngo Accountability Means - And Does Not Mean, Kenneth Anderson
What Ngo Accountability Means - And Does Not Mean, Kenneth Anderson
Book Reviews
American University, WCL Research Paper No. 2009-18Abstract:This essay offers a review (4000 words) of "NGO Accountability: Politics, Principles and Innovations," Lisa Jordan and Peter van Tuijl, eds. (London: Earthscan 2006); following AJIL permission, it is given in unedited form and is available in final form in 103 AJIL 1 (January 2009).International and transnational NGOs have been under criticism for alleged lack of accountability since they emerged into prominence in the 1990s. In recent years, the debate over NGOs has shifted from legitimacy and "representativeness" to accountability in the narrower senses of internal governance, fiduciary responsibility, relationships with national governmental authorities, …