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Full-Text Articles in Law
Beyond One Voice, David H. Moore
Beyond One Voice, David H. Moore
Faculty Scholarship
The one-voice doctrine, a mainstay of U.S. foreign relations jurisprudence, maintains that in its external relations the United States must be able to speak with one voice. The doctrine has been used to answer critical questions about the foreign affairs powers of the President, Congress, the courts, and U.S. states. Notwithstanding its prominence, the one-voice doctrine has received relatively little sustained attention. This Article offers the first comprehensive assessment of the doctrine. The assessment proves fatal.
Despite broad use and value in certain contexts, the one-voice doctrine is fundamentally flawed. The doctrine not only is used to address divergent questions …
The President's Unconstitutional Treatymaking, David H. Moore
The President's Unconstitutional Treatymaking, David H. Moore
Faculty Scholarship
The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a result, the President in signing assumes interim treaty obligations before the treatymaking process is complete. Despite the pervasiveness of this practice, scholars have neglected the question of its constitutionality. As this Article demonstrates, the practice is unconstitutional. Neither the text, structure, nor history of the Constitution supports the …
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore
Faculty Scholarship
No abstract provided.
Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore
Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore
Faculty Scholarship
No abstract provided.
Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore
Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore
Faculty Scholarship
No abstract provided.