This book presents a general theory to explain how the words in the Constitution become culturally salient ideas, inscribed in the habits and outlooks of ordinary Americans. "Eloquence and Reason" employs the First Amendment as a case study to illustrate that liberty is achieved through the formation of a common language and a set of organizing beliefs. The book explicates the structure of First Amendment language as a distinctive discourse and illustrates how activists, lawyers, and even presidents help to sustain our First Amendment belief system. When significant changes to constitutional law occur, they are best understood as the results of broader linguistic transformations. Drawing on the ratification debates, "Eloquence and Reason" concludes by advancing a model of judicial review in which jurists are responsible for the management of political discourses and the empowerment of other participants to a public debate, quite apart from any substantive obligations they may have to the legal order. The Table of Contents and Preface are available for download. REVIEWS: "Just when I thought that there was nothing new to say about the First Amendment, Robert Tsai comes along and writes a book which encourages me to think again."—Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University "A provocative meditation on the ways metaphors used in constitutional doctrine empower, limit, create, and recreate the public over which the written Constitution is said to assert authority. Intriguing case studies arise from the civil rights movement of the 1960s, the Christian Right of the 1980s, and the attacks on Jehovah's Witnesses in the 1940s."—Mark V. Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School "Tsai's exciting work on the interplay between the Supreme Court and the executive branch over free speech issues in the nineteen forties sheds new light on the origins of modern constitutional law. His new account of the relationship between language and power in political discourse is sure to be controversial and should be widely read."—H. Jefferson Powell, Professor of Law, Duke University, author of Constitutional Conscience: The Moral Dimension of Judicial Decision "This beautifully written, carefully argued, and thought-provoking book illuminates the way the practice of free speech and broad societal engagement with constitutional ideas animate American democracy."—Mary L. Dudziak, Judge Edward J. and Ruey L. Guirado Professor of Law, History, and Political Science, University of Southern California, and author of Exporting American Dreams: Thurgood Marshall's African Journey
Robert L. Tsai
Shaping Foreign Policy in Times of Crisis grew out of a series of meetings that the authors convened with all ten of the living former U.S. State Department legal advisers (from the Carter administration to that of George W. Bush). Based on their insider accounts of the role that international law actually played during the major crises on their watch, the book explores whether international law is real law or just a form of politics that policymakers are free to ignore whenever they perceive it to be in their interest to do so. Written in a style that will appeal to the casual reader and serious scholar alike, the book includes a foreword by the Obama administration's State Department legal adviser, Harold Koh; background on the theoretical underpinnings of the compliance debate; an in-depth case study of the treatment of detainees in the war on terror; and a comprehensive glossary of the terms, names, places, and events that are discussed in the book.
Paul Williams, Matthew Simpson, and Christina Sheetz
The Public International Law & Policy Group's (PILPG) Peace Agreement Drafting Guide: Darfur is a comprehensive peace agreement drafting handbook tailored to the upcoming Darfur peace negotiations. The drafting guide presents core elements of relevant topics, outlines the Darfur Peace Agreement (DPA) provisions related to those topics, and provides sample language parties may wish to consider when drafting future provisions.
The Darfur Peace Agreement is divided into six chapters: Power Sharing, Wealth Sharing, Ceasefire and Final Security Arrangements, Darfur-Darfur Dialogue and Consultation, General Provisions, and Implementation Modalities and Timelines. The Darfur Peace Agreement also includes six annextures detailing previous agreements reached by the parties, including those negotiated in N'JDjamena, Chad; Addis-Ababa, Ethiopia; and Abuja, Nigeria.
PILPG's Peace Agreement Drafting Guide: Darfur draws on the subject matter addressed in the DPA chapters and annextures and identifies 24 topics covered by the DPA. Each of the 24 chapters of this drafting guide is dedicated to one of those topics. These topics include power sharing, wealth sharing, human rights protections, ceasefire and disarmament, demobilization, and reintegration, among others. Each chapter is divided into four sections including: an introduction, analysis of the core elements of each topic, a summary of the DPA language related to the topic, and sample language the parties may wish to consider when drafting provisions related to the topic. While the DPA is organized by subject matter, the 24 chapters of the Peace Agreement Drafting Guide: Darfur are organized alphabetically for ease of use.
The Core Elements section of each chapter presents comparative state practice regarding the various mechanisms parties may use to address the topic covered in each chapter. The section headings within each core elements chapter correspond to the Sample Language provisions included later in each chapter. For example, the Core Elements section of the Displaced Persons chapter identifies the issues encountered by states with displaced persons and outlines the mechanisms states have used to facilitate the return of displaced persons.
The Darfur Peace Agreement section of each chapter then outlines the provisions of the DPA that address the topic covered in each chapter. For example, the Darfur Peace Agreement section of the Displaced Persons chapter outlines how the DPA defines displaced persons, provides guarantees by all parties regarding the return of displaced persons, defines the rights of the displaced persons, and creates implementation and enforcement mechanisms to facilitate the return of displaced persons.
Finally, the Sample Language section of each chapter provides language parties may wish to consider when drafting provisions of a peace agreement that address the topic covered in each chapter. This sample language is drawn from related provisions used by other states in peace negotiations, post-conflict constitutions, and various legislation. The Sample Language is organized to correspond to the section headings presented in the Core Elements section. For example, the Sample Language of the Displaced Persons section provides possible definitions of displaced persons, mechanisms states have used to guarantee safety to displaced persons returning to their places of origin, various provisions states have used to grant rights to displaced persons, and institutional mechanisms states have created to enforce the rights of displaced persons.
Please see the Table of Contents of the Peace Agreement Drafting Guide: Darfur for a full list of topics covered in this peace agreement drafting handbook.