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Constitutional problems under Lincoln

01 Jan 1926-
About: The article was published on 1926-01-01 and is currently open access. It has received 92 citations till now.
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03 Jan 2019
TL;DR: Shavana Musa as mentioned in this paper provides a never-before-conducted contextual insight into how the issue has been handled historically, analysing case studies from major wars from the seventeenth century to the modern day.
Abstract: Victim Reparation under the Ius Post Bellum fills an enormous gap in international legal scholarship. It questions the paradigmatic shift of rights to reparation towards a morality-based theory of international law. At a time when international law has a tendency to take a purely positivistic and international approach, Shavana Musa questions whether an embrace of an evaluative approach alongside the politics of war and peace is more practical and effective for war victims. Musa provides a never-before-conducted contextual insight into how the issue has been handled historically, analysing case studies from major wars from the seventeenth century to the modern day. She uses as-yet untouched archival documentation from these periods, which uncovers unique data and information on international peacemaking, and actually demonstrates more effective practices of reparation provisions compared with today. This book combines historical analysis with modern day developments to provide normative assertions for a future reparation system.

22 citations

Book
29 Jan 2013
TL;DR: The National Emergencies Act (50 U.S.C. 1601-1651) as discussed by the authors provides a means to countermand the President's declaration and the activated authority being sought.
Abstract: This report the National Emergencies Act (50 U.S.C. 1601-1651) that eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought.

20 citations

Journal ArticleDOI
TL;DR: The recent outpouring of work on executive power during emergencies, inspired by the post-9/11 era, has significantly enhanced our legal and theoretical understanding of this crucial subject as mentioned in this paper.
Abstract: The recent outpouring of work on executive power during emergencies, inspired by the post-9/11 era, has significantly enhanced our legal and theoretical understanding of this crucial subject. A key flaw in this literature, however, is that it is historically un-rooted, either dismissing or ignoring important analytical and empirical insights from presidential research and from APD and historical-institutionalist perspectives. In this article, I argue that we can better explain patterns and variations in the use of presidential emergency power by paying careful attention to shifting historical set points for executive choice and action during security crises. In particular, the findings here underscore the episodic growth of new precedents, resources, and expectations for the White House in perilous contexts. The development of presidential emergency power reflects the potential for early executive choices to be repeated and legitimated over time, laying dormant as a “loaded weapon” to be used by future executives in similarly urgent circumstances.

20 citations

Book
13 Oct 2017
TL;DR: Nictti as discussed by the authors describes the interactions of the lawyers who worked on both sides of the Davis case, who saw its potential to disrupt the verdict of the battlefield against secession. But the case never went to trial because it threatened to undercut the meaning and significance of Union victory.
Abstract: This book focuses on the post-Civil War treason prosecution of Confederate President Jefferson Davis, which was seen as a test case on the major question that animated the Civil War: the constitutionality of secession. The case never went to trial because it threatened to undercut the meaning and significance of Union victory. Cynthia Nicoletti describes the interactions of the lawyers who worked on both sides of the Davis case - who saw its potential to disrupt the verdict of the battlefield against secession. In the aftermath of the Civil War, Americans engaged in a wide-ranging debate over the legitimacy and effectiveness of war as a method of legal adjudication. Instead of risking the 'wrong' outcome in the highly volatile Davis case, the Supreme Court took the opportunity to pronounce secession unconstitutional in Texas v. White (1869).

19 citations

Book
01 Oct 2009
TL;DR: In this article, the basic threat of Idolatry and Destruction in YHWH's Violence: The Problem and Approaches Chapter 2. Introductory Considerations Chapter 3. The Basic Threat: Idolatries and Destruction Chapter 4. Destruction and Restoration as Coercion Chapter 5. Rebellion: The Individual and the Nation Chapter 6. The Horrors of Destruction
Abstract: Chapter 1. YHWH's Violence: The Problem and Approaches Chapter 2. Introductory Considerations Chapter 3. The Basic Threat: Idolatry and Destruction Chapter 4. Destruction and Restoration as Coercion Chapter 5. Rebellion: The Individual and the Nation Chapter 6. The Horrors of Destruction Chapter 7. The Politics of YHWH and "Other Gods" Chapter 8. Conclusions Bibliography.

18 citations