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Full-Text Articles in Law
Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson
Federal Constitutions, Global Governance, And The Role Of Forests In Regulating Climate Change, Blake Hudson
Indiana Law Journal
Federal systems of government present more difficulties for international treaty formation than perhaps any other form of governance. Federal constitutions that grant subnational governments virtually exclusive regulatory authority over certain subject matter may constrain national governments during international negotiations—a national government that cannot constitutionally bind subnational governments to an international agreement cannot freely arrange its international obligations. While federal nations that grant subnational governments exclusive regulatory control obviously place value on stringent decentralization and the benefits it provides in those regulatory areas, the difficulty lies in striking a balance between global governance and constitutional decentralization in federal systems. Recent scholarship …
Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku
Treaties As Laws: A Defense Of The Last-In-Time Rule For Treaties And Federal Statutes, Julian G. Ku
Indiana Law Journal
For nearly 150 years, courts have applied the "last-in-time" rule to resolve conflicts between treaties and federal statutes by giving effect to whichever was enacted later in time. Despite its acceptance by the courts, this rule has received unanimous criticism in the legal academy. In this article, I present the first comprehensive defense of the last-in-time rule on textual, structural, historical, and functional grounds. I argue that the last-in-time rule should be applied because the text of the Constitution grants treaties the status of enacted domestic law. As such, treaties are subject to the principle of statutory construction, leges posteriors …
Extradition And The Political Offense Exception In The Suppression Of Terrorism, Antje C. Petersen
Extradition And The Political Offense Exception In The Suppression Of Terrorism, Antje C. Petersen
Indiana Law Journal
No abstract provided.
A Proposed Revision Of The Warsaw Convention, Susan Schneider Lewin
A Proposed Revision Of The Warsaw Convention, Susan Schneider Lewin
Indiana Law Journal
No abstract provided.
Security Council Resolutions In United States Courts, Janis P. Bianchi
Security Council Resolutions In United States Courts, Janis P. Bianchi
Indiana Law Journal
No abstract provided.
Matters Of Domestic Concern: A Potential Judicial Limitation On The Treaty-Making Power?
Matters Of Domestic Concern: A Potential Judicial Limitation On The Treaty-Making Power?
Indiana Law Journal
No abstract provided.