Some of the essays are broad in scope, reflecting on national character, patriotism, and political theory; exploring whether war and republican government are compatible; and considering in what sense we can be said to be in wartime circumstances today. Others are more specific, examining the roles of Congress, the presidency, the courts, and the international legal community. Throughout the collection, balanced, unbiased analysis leads to some surprising conclusions, one of which is that wartime conditions have sometimes increased, rather than curtailed, civil rights and civil liberties. For instance, during the cold war, government officials regarded measures aimed at expanding African Americans’ freedom at home as crucial to improving America’s image abroad.
Contributors. Sotirios Barber, Mark Brandon, James E. Fleming, Mark Graber, Samuel Issacharoff, David Luban, Richard H. Pildes, Eric Posner, Peter Spiro, William Michael Treanor, Mark Tushnet, Adrian Vermeule
Administration in time of war has come to revolve around the President, and much of the administrative authority of the President is then delegated to extralegal agents. Grundstein's analysis of the experiences of World War I show that such delegation is inevitable: From the beginning of the war Congress delegated many powers to the Chief Executive, who, of necessity, named others to act for him in the prosecution of the war. Furthermore, Congress granted these administrative powers without formally establishing new administrative agencies with attendant Congressional oversight. Though constitutionally the President's powers are exclusively executive as distinguished from administrative, beginning with WWI, and increasing during WWII, the President has become in effect the administrator-in-chief.
Nathan Grundstein traces the evolution of a new body of administrative law delineating the unique patterns of wartime organization and administration that emerged during the twentieth century.
This diary, begun after the Japanese attack on Pearl Harbor and covering the invasion of Burma up to June 1942, is a moving account of the dilemmas faced by the well-loved and prolific Burmese author Theippan Maung Wa (a pseudonym of U Sein Tin) and his family. At the time of the Japanese invasion, U Sein Tin was deputy secretary in the Ministry of Home and Defense Affairs. An Oxford-trained member of the Indian Civil Service, working for the British administration on the eve of the invasion, he lived with his wife and three small children in Rangoon.
Wartime in Burma is a stirring memoir that presents a personal account of U Sein Tin’s feelings about the war, his anxiety for the safety of his family, the bombing of Rangoon, and what happened to them during the next six chaotic months of the British retreat. The author and his family leave Rangoon to live in a remote forest in Upper Burma with several other Burmese civil servants, their staff, and valuable possessions—rich pickings for robbers. His diary ends abruptly on June 5, his forty-second birthday; U Sein Tin was murdered on June 6 by a gang of Burmese bandits. The diary pages, scattered on the floor of the house, were rescued by his wife and eventually published in Burma in 1966. What survives is a unique account that shines new light on the military retreat from Burma.
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