Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- American Politics (1)
- Comparative Politics (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Courts (1)
-
- Human Rights Law (1)
- International Law (1)
- International Relations (1)
- Judges (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Law and Economics (1)
- Law and Politics (1)
- Legal History (1)
- Legal Studies (1)
- Legislation (1)
- Organizations Law (1)
- Political Science (1)
- Political Theory (1)
- Public Law and Legal Theory (1)
- Social and Behavioral Sciences (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, John C. Yoo, Julian Ku
Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, John C. Yoo, Julian Ku
John C Yoo
The Supreme Court's decision in Hamdan v. Rumsfeld represents a radical new judicial approach to the interpretation of laws relating to foreign affairs. Not only did the Hamdan Court fail to defer to the executive's reasonable interpretations of the relevant statutes, treaties, and customary international law of war relating to military commissions, but it did not even justify its failure to depart from longstanding formal doctrines requiring such deference. In this Essay, we offer a functional defense of the doctrines requiring judicial deference to executive interpretations of laws affecting foreign affairs in wartime; doctrines that the Hamdan Court largely ignored. …
The Role Of International Treaties In The Interpretation Of Canadian Intellectual Property Statutes, Daniel J. Gervais
The Role Of International Treaties In The Interpretation Of Canadian Intellectual Property Statutes, Daniel J. Gervais
Daniel J Gervais
The relationship between domestic intellectual property statutes and international law in growing in scope and depth. This paper is a chapter in a book that emphasizes that international law is not only used to interpret domestic law but in fact may itself become a guide for international tribunals, such as the World Trade Organization Dispute-Settlement Body. The Paper considers mostly the role that international norms have played in recent decisions of the Supreme Court of Canada and the Federal Court.
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Donald J. Kochan
With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …