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Articles 1 - 8 of 8
Full-Text Articles in Law
Legislative Diplomacy, Ryan M. Scoville
Legislative Diplomacy, Ryan M. Scoville
Michigan Law Review
A traditional view in legal scholarship holds that the U.S. Constitution assigns the president exclusive power to carry on official diplomatic communications with foreign governments. But in fact, Congress and its members routinely engage in communications of their own. Congress, for example, receives heads of state and maintains official contacts with foreign parliaments. And individual members of the House and Senate frequently travel overseas on congressional delegations (“CODELs”) to confer with foreign leaders, investigate problems that arise, promote the interests of the United States and constituents, and even represent the president. Moreover, many of these activities have occurred ever since …
The Iranian Hostage Crisis And The Iran-U.S. Claims Tribunal: Implications For International Dispute Resolution And Diplomacy, Warren Christopher, Richard M. Mosk
The Iranian Hostage Crisis And The Iran-U.S. Claims Tribunal: Implications For International Dispute Resolution And Diplomacy, Warren Christopher, Richard M. Mosk
Pepperdine Dispute Resolution Law Journal
This is the twenty-fifth anniversary of what has become known as the Iranian Hostage Crisis. We shall look back on those events in order to point to possible issues, lessons and solutions for the future.
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Michigan Law Review
Conflict abroad almost always enhances executive power at home. This expectation has held true at least since the constitutions of antiquity. It holds no less true for modern constitutions, including the Constitution of the United States. Constitutional arguments for executive power likewise escalate with increased perceptions of foreign threat. It is therefore hardly surprising that broad assertions of presidential power have become commonplace after the events of September 11, 2001, and the ensuing war on international terrorism. One perennial weapon in the executive arsenal is the so-called "Vesting Clause" of Article II of the Constitution. This clause, which provides that …
The Status Of Armed Forces Abroad, Robert C. Grabb
The Status Of Armed Forces Abroad, Robert C. Grabb
International Law Studies
No abstract provided.
The Presidential Monopoly Of Foreign Relations, Raoul Berger
The Presidential Monopoly Of Foreign Relations, Raoul Berger
Michigan Law Review
Because of the widespread ramifications of foreign relations, discussion must perforce be confined to presidential executive agreements, and whether the Senate may be excluded from knowledge of, and participation in, negotiations with foreign nations as a part of the treaty-making process. Mention only can be made of the legislative shortcomings which have contributed to the all but total takeover of foreign relations by the President, and of the need for procedural reform in the Senate if its participation is to be effective. Could we view the matter as an original question, that is, were we drafting or amending a Constitution …
Unrecognized Government Or State In English And American Law (Part 1), Edwin D. Dickinson
Unrecognized Government Or State In English And American Law (Part 1), Edwin D. Dickinson
Articles
From the decision of this novel case, reported as Pelzer v. United Dredging Co., we may infer that the New York courts regard unrecognized Mexico as a sort of legal vacuum. In granting the corporation's motion for judgment on the pleadings, the Supreme Court said: "The administratrix plaintiff is an officer of a foreign court. It is syllogistically true that if the foreign court has no recognized power here she may not assert a right derived through her appointment therefrom. The Mexican government is not de facto here, since recognition alone can make it so. It may have all the …
Unrecognized Government Or State In English And American Law (Part 2), Edwin D. Dickinson
Unrecognized Government Or State In English And American Law (Part 2), Edwin D. Dickinson
Articles
PROBABLY no one in the British Empire or the United States would question the doctrine that it belongs exclusively to the political departments to recognize new governments or states. The difficulties involved are those which arise in the application of a doctrine so broadly stated. Not every situation involving an unrecognized government or state requires the decision of a question of recognition. If the decision of a political question is not involved, then it is entirely proper for the courts to take cognizance of a mere de facto government or state. In what situations may the courts appropriately take account …
United States Department Of State, John M. Mathews
United States Department Of State, John M. Mathews
Michigan Law Review
In the conduct of foreign relations, the President, though ultimately responsible to the people for the general success or failure of such conduct, is unable, of course, to give his personal attention to any except what he deems to ,be the most important and momentous questions of policy. For handling the great mass of routine matters and even for the determination of many questions of policy which are of considerable importance, he is dependent upon the assistance of the agencies supplied for that purpose. These agencies are, principally, the department of state, the diplomatic service, and the consular service. These …