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Faculty Scholarship

Comparative and Foreign Law

1988

Articles 1 - 3 of 3

Full-Text Articles in Law

The Constitutionality Of The Solicitation Or Control Of Third-Country Funds For Foreign Policy Purposes By United States Officials Without Congressional Approval, George Van Cleve Jan 1988

The Constitutionality Of The Solicitation Or Control Of Third-Country Funds For Foreign Policy Purposes By United States Officials Without Congressional Approval, George Van Cleve

Faculty Scholarship

This transcription of a speech covers the personal views of Professor Van Cleve regarding constitutionality of solicitation or control of third-country funds for foreign policy purposes. Specifically, he discusses the constitutional issue of the Iran-Contra affair, in which the Reagan administration decided to seek funding for the Contras from third countries.


The Hague Evidence Convention In The Supreme Court: A Critique Of The Aérospatiale Decision, George A. Bermann Jan 1988

The Hague Evidence Convention In The Supreme Court: A Critique Of The Aérospatiale Decision, George A. Bermann

Faculty Scholarship

With its decision in Société Nationale Industrielle Aérospatiale v. United States District Court, the United States Supreme Court resolved what had been widely regarded as "one of the most difficult and important issues in international civil litigation in United States courts." This opportunity arose out of the divergence of views among American courts on the proper way to reconcile the need for full disclosure of evidence with respect for the sensitivities of foreign states where that evidence might be located. The case before the Supreme Court, like many lower court cases, dealt specifically with the impact of the Hague Evidence ...


The Scope Of Consular Immunity Under The Vienna Convention On Consular Relations: Towards A Principled Interpretation Notes, Curtis J. Milhaupt Jan 1988

The Scope Of Consular Immunity Under The Vienna Convention On Consular Relations: Towards A Principled Interpretation Notes, Curtis J. Milhaupt

Faculty Scholarship

A consular officer, mistaken for a' trespasser as he leaves his mission to attend a cultural function, struggles with a police officer and is subsequently charged with assault and battery.1 The Vienna Convention on Consular Relations 2 provides that consular officers3 are immune from jurisdiction for "acts performed in the exercise of consular functions."4 Does the Vienna Convention shield the consular officer from suit? The scope of consular immunity is uncertain because courts differ in their application of the Convention's immunity rule.

This Note argues that a principled interpretation of the scope of consular immunity consistent ...