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Higher Education Law
This fully revised and updated textbook weaves law into its historical, political, and sociological context, while providing clear explanation of the law as it applies to American colleges and universities. This text draws exclusively on federal and state cases emerging from campuses and includes helpful pedagogical elements--such as chapter outlines, questions for discussion, side bars, text boxes, research aids, and summation of law--to equip readers with the tools and knowledge to effectively respond in an environment of increasing litigation. Addressing a gap in the literature, this new edition provides a comprehensive and accessible understanding of the latest laws relevant to higher education and student affairs administrators. New In This Edition: Explanation and streamlining of old case law. New cases throughout covering recent developments in: student loan debt, student safety, Internet speech, affirmative action, discrimination, Greek life, issues relating to new technology, non-faculty employees, campus police, and athletics. Revised explanation on student and college costs. Expanded examination of the idea of academic freedom
American Higher Education in the Twenty-First Century
Now in its fifth edition! An indispensable reference for anyone concerned with the future of American colleges and universities. Whether it is advances in information technology, organized social movements, or racial inequality and social class stratification, higher education serves as a lens for examining significant issues within American society. First published in 1998, American Higher Education in the Twenty-First Century offers a comprehensive introduction to the complex realities of American higher education, including its history, financing, governance, and relationship with the states and federal government. This thoroughly revised edition brings the classic volume completely up to...
The Fragility of the 'Failed State' Paradigm
The absence of effective government, one of the most important issues in current international law, became prominent with the failed state concept at the beginning of the 1990s. Public international law, however, lacked sufficient legal means to deal with the phenomenon. Neither attempts at state reconstruction in countries such as Afghanistan and Somalia on the legal basis of Chapter VII of the UN Charter nor economic liberalisation have addressed fundamental social and economic problems. This work investigates the weaknesses of the failed state paradigm as a long-term solution for international peace and security, arguing that the solution to the absence of effective government can be found only in an economic and social approach and a true universalisation of international law.
Progress in International Law
"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its...
Naval Law Review
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Hitting First
The U.S. war in Iraq was not only an intelligence failure—it was a failure in democratic discourse. Hitting First offers a critical analysis of the political dialogue leading up to the American embrace of preventive war as national policy and as the rationale for the invasion and occupation of Iraq. Taking as its point of departure the important distinction between preemptive and preventive war, the contributors examine how the rhetoric of policy makers conflated these two very different concepts until the public could no longer effectively distinguish between a war of necessity and a war of choice. Although the book focuses on recent events, Hitting First takes into consideration the broa...
United States Hegemony and the Foundations of International Law
Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.
Waging Humanitarian War
How severe must human suffering be before military intervention is considered? Can there be commensurate legal grounding for such an argument? Which actors are the most appropriate agents of intervention? In this reasonable and straightforward approach to the perplexing issue of humanitarian intervention, Eric A. Heinze incorporates insights from various strands of ethical, legal, and international relations theory. He identifies the conditions under which humanitarian intervention is morally permissible, establishes the extent to which such an ethical argument can be grounded in international law, and determines which actors are best equipped to undertake this task under prevailing political conditions. Heinze presents the reader with a number of empirical examples, including the 1999 Kosovo intervention, the 2003 Iraq war, and the ongoing humanitarian crisis in Darfur, Sudan. The result is a more theoretically consistent—and therefore more practically workable—approach to humanitarian intervention.
Implementation of International Law in the United States
Even though the Constitution proclaims treaties entered into by the United States to be part of the supreme law of the land and authorises prosecution of offences against the law of nation in federal courts, the United States has had a checkered record in ratifying human rights instruments, in upholding decisions of international tribunals, and indeed in submitting itself to the jurisdiction of such tribunals. It refused to uphold judgments of the International Court of Justice within its municipal legal system, terminated the competence of the ICJ to adjudicate international disputes to which it is a party, and attempted to undermine the functioning of the international criminal court. It engaged in armed conflicts in blatant violation of international humanitarian law and subjected belligerent detainees to unbecoming interrogation techniques. There are clear indications that the Obama administration is setting the United States on a new course of international comity and Völkerrechtsfreundlichkeit.
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