The Court and the World - American Law and the New Global Realities-logo

The Court and the World - American Law and the New Global Realities

Stephen Breyer

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 private-from the conduct of national security policy to the conduct of international trade-obliges the Court to understand and consider circumstances beyond America's 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 water's 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 dimension-how 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 "smaller," the Court's 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 law-and, by extension, the advancement of American interests and values-depend

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 private-from the conduct of national security policy to the conduct of international trade-obliges the Court to understand and consider circumstances beyond America's 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 water's 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 dimension-how 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 "smaller," the Court's 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 law-and, by extension, the advancement of American interests and values-depend
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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 private-from the conduct of national security policy to the conduct of international trade-obliges the Court to understand and consider circumstances beyond America's 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 water's 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 dimension-how 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 "smaller," the Court's 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 law-and, by extension, the advancement of American interests and values-depend

Language:

English

Length:

12h 38m


Chapters

Free Sample

05:00

Chapter 1
Chapter 1

00:15


Chapter 2
Chapter 2

08:41


Chapter 3
Chapter 3

07:18


Chapter 4
Chapter 4

08:16


Chapter 5
Chapter 5

06:25


Chapter 6
Chapter 6

04:41


Chapter 7
Chapter 7

04:23


Chapter 8
Chapter 8

05:45


Chapter 9
Chapter 9

04:57


Chapter 10
Chapter 10

04:59


Chapter 11
Chapter 11

06:59


Chapter 12
Chapter 12

04:44


Chapter 13
Chapter 13

05:36


Chapter 14
Chapter 14

05:05


Chapter 15
Chapter 15

05:40


Chapter 16
Chapter 16

06:22


Chapter 17
Chapter 17

06:23


Chapter 18
Chapter 18

04:42


Chapter 19
Chapter 19

08:19


Chapter 20
Chapter 20

04:38


Chapter 21
Chapter 21

05:36


Chapter 22
Chapter 22

05:25


Chapter 23
Chapter 23

04:28


Chapter 24
Chapter 24

05:03


Chapter 25
Chapter 25

06:29


Chapter 26
Chapter 26

07:00


Chapter 27
Chapter 27

06:54


Chapter 28
Chapter 28

04:15


Chapter 29
Chapter 29

05:06


Chapter 30
Chapter 30

03:23


Chapter 31
Chapter 31

04:39


Chapter 32
Chapter 32

04:51


Chapter 33
Chapter 33

05:26


Chapter 34
Chapter 34

04:50


Chapter 35
Chapter 35

07:48


Chapter 36
Chapter 36

05:18


Chapter 37
Chapter 37

03:15


Chapter 38
Chapter 38

06:03


Chapter 39
Chapter 39

06:41


Chapter 40
Chapter 40

08:12


Chapter 41
Chapter 41

07:23


Chapter 42
Chapter 42

05:57


Chapter 43
Chapter 43

06:47


Chapter 44
Chapter 44

05:34


Chapter 45
Chapter 45

06:02


Chapter 46
Chapter 46

06:23


Chapter 47
Chapter 47

05:11


Chapter 48
Chapter 48

05:26


Chapter 49
Chapter 49

05:35


Chapter 50
Chapter 50

04:50


Chapter 51
Chapter 51

05:19


Chapter 52
Chapter 52

06:25


Chapter 53
Chapter 53

07:46


Chapter 54
Chapter 54

06:22


Chapter 55
Chapter 55

08:11


Chapter 56
Chapter 56

06:54


Chapter 57
Chapter 57

05:12


Chapter 58
Chapter 58

05:39


Chapter 59
Chapter 59

05:31


Chapter 60
Chapter 60

04:31


Chapter 61
Chapter 61

06:13


Chapter 62
Chapter 62

04:55


Chapter 63
Chapter 63

05:27


Chapter 64
Chapter 64

06:26


Chapter 65
Chapter 65

05:36


Chapter 66
Chapter 66

04:34


Chapter 67
Chapter 67

03:56


Chapter 68
Chapter 68

06:07


Chapter 69
Chapter 69

05:51


Chapter 70
Chapter 70

03:08


Chapter 71
Chapter 71

06:17


Chapter 72
Chapter 72

03:47


Chapter 73
Chapter 73

06:00


Chapter 74
Chapter 74

05:08


Chapter 75
Chapter 75

04:16


Chapter 76
Chapter 76

04:28


Chapter 77
Chapter 77

04:44


Chapter 78
Chapter 78

05:10


Chapter 79
Chapter 79

05:43


Chapter 80
Chapter 80

07:27


Chapter 81
Chapter 81

04:40


Chapter 82
Chapter 82

04:10


Chapter 83
Chapter 83

07:24


Chapter 84
Chapter 84

05:08


Chapter 85
Chapter 85

04:49


Chapter 86
Chapter 86

05:00


Chapter 87
Chapter 87

04:07


Chapter 88
Chapter 88

06:07


Chapter 89
Chapter 89

04:59


Chapter 90
Chapter 90

03:59


Chapter 91
Chapter 91

06:55


Chapter 92
Chapter 92

05:00


Chapter 93
Chapter 93

04:52


Chapter 94
Chapter 94

05:52


Chapter 95
Chapter 95

07:03


Chapter 96
Chapter 96

05:33


Chapter 97
Chapter 97

04:32


Chapter 98
Chapter 98

05:55


Chapter 99
Chapter 99

06:18


Chapter 100
Chapter 100

08:40


Chapter 101
Chapter 101

05:43


Chapter 102
Chapter 102

06:36


Chapter 103
Chapter 103

05:53


Chapter 104
Chapter 104

06:13


Chapter 105
Chapter 105

06:28


Chapter 106
Chapter 106

05:56


Chapter 107
Chapter 107

06:00


Chapter 108
Chapter 108

05:56


Chapter 109
Chapter 109

06:47


Chapter 110
Chapter 110

06:45


Chapter 111
Chapter 111

06:50


Chapter 112
Chapter 112

06:24


Chapter 113
Chapter 113

05:36


Chapter 114
Chapter 114

05:37


Chapter 115
Chapter 115

04:19


Chapter 116
Chapter 116

05:07


Chapter 117
Chapter 117

07:44


Chapter 118
Chapter 118

06:00


Chapter 119
Chapter 119

06:50


Chapter 120
Chapter 120

05:07


Chapter 121
Chapter 121

07:42


Chapter 122
Chapter 122

07:07


Chapter 123
Chapter 123

08:35


Chapter 124
Chapter 124

04:51


Chapter 125
Chapter 125

05:29


Chapter 126
Chapter 126

04:23


Chapter 127
Chapter 127

07:10


Chapter 128
Chapter 128

07:05


Chapter 129
Chapter 129

03:39


Chapter 130
Chapter 130

07:43


Chapter 131
Chapter 131

04:42


Chapter 132
Chapter 132

06:00


Chapter 133
Chapter 133

00:29