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Full-Text Articles in Law
Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton
Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton
Duke Journal of Constitutional Law & Public Policy Sidebar
In diversity cases, only one plaintiff or class member must satisfy the amount in controversy requirement.
Sosa, Customary International Law, And The Continuing Relevance Of Erie, Curtis A. Bradley, Jack L. Goldsmith, David H. Moore
Sosa, Customary International Law, And The Continuing Relevance Of Erie, Curtis A. Bradley, Jack L. Goldsmith, David H. Moore
Faculty Scholarship
Ten years ago, the conventional wisdom among international law academics was that customary international law (CIL) had the status of self-executing federal common law to be applied by courts without any need for political branch authorization. This "modern position" came under attack by so-called "revisionist" critics who argued that CIL had the status of federal common law only in the relatively rare situations in which the Constitution or political branches authorized courts to treat it as such. Modern position proponents are now claiming that the Supreme Court's 2004 decision in Sosa v. Alvarez-Machain confirms that CIL has the status of …