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 Epilogue.
"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"-- Provided by publisher.
"This is a Borzoi book published by Alfred A. Knopf"--Title page verso.
Bibliography, etc. Note
Includes bibliographical references (pages 287-359) and index.
KZ6250 .B74 2015
9781101946190 (hardback) 1101946199 (hardback) 9781101946206 (e-book)