New PDF release: Does the Constitution Follow the Flag?: The Evolution of

By Kal Raustiala

ISBN-10: 0195304594

ISBN-13: 9780195304596

ISBN-10: 0199858179

ISBN-13: 9780199858170

The Bush management has notoriously argued that detainees at Guantanamo don't take pleasure in constitutional rights simply because they're held outdoor American borders. yet the place do principles approximately territorial felony limits corresponding to this one come from? Why does geography make a distinction for what criminal principles follow? most folk intuitively remember the fact that situation impacts constitutional rights, however the felony and political foundation for territorial jurisdiction is poorly understood. during this novel and obtainable therapy of territoriality in American legislation and overseas coverage, Kal Raustiala starts off through tracing the background of the topic from its origins in post-revolutionary the United States to the Indian wars and abroad imperialism of the nineteenth century. He then takes the reader in the course of the chilly conflict and the globalization period prior to final with a strong rationalization of America's try to raise its extraterritorial energy within the post-9/11 global. As American strength has grown, our realizing of extraterritorial felony rights has accelerated too, and Raustiala illuminates why America's assumptions approximately sovereignty and territory have replaced. all through, he specializes in how the felony limits of territorial sovereignty have reduced to house the increasing American empire, and addresses how such limits ought to seem within the wake of Iraq, Afghanistan, and the warfare on terror. A well timed and interesting narrative, Does the structure persist with the Flag? will swap how we predict approximately American territory, American legislations, and-ultimately-the altering nature of yankee power.

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