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Full-Text Articles in Law
Medellin And Originalism, D. A. Jeremy Telman
Medellin And Originalism, D. A. Jeremy Telman
Law Faculty Publications
In Medellín v. Texas, the Supreme Court permitted Texas to proceed with the execution of a Mexican national who had not been given timely notice of his right of consular notification and consultation in violation of the United States’ obligations under the Vienna Convention on Consular Relations. It did so despite its finding that the United States had an obligation under treaty law to comply with an order of the International Court of Justice that Medellín’s case be granted review and reconsideration. The international obligation, the Court found, was not domestically enforceable because the treaties at issue were not self-executing. …
Medellin And Originalism, D. A. Jeremy Telman
Medellin And Originalism, D. A. Jeremy Telman
Law Faculty Publications
In Medellin v. Texas, the Supreme Court permitted Texas to proceed with the execution of a Mexican national who, in violation of the United States’ obligations under the Vienna Convention on Consular Relations, had not been given timely notice of his rights of consular notification and consultation. It did so despite its finding that the United States had an obligation under treaty law to comply with an order of the International Court of Justice that Medellin’s case be granted review and reconsideration. The international obligation, the Court found, was not domestically enforceable because the treaties at issue were not self-executing. …
Lawyers Without Borders, Catherine A. Rogers
Lawyers Without Borders, Catherine A. Rogers
Journal Articles
Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …
Lawyers Without Borders, Catherine A. Rogers
Lawyers Without Borders, Catherine A. Rogers
Journal Articles
Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …
An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein
An Analysis Of The Death Penalty Jurisprudence Of The October 2007 Supreme Court Term (The Twentieth Annual Supreme Court Review), Richard Klein
Scholarly Works
No abstract provided.
Introductory Note To International Court Of Justice: Decision On The Request For Interpretation Of The Avena Judgment, Chiara Giorgetti
Introductory Note To International Court Of Justice: Decision On The Request For Interpretation Of The Avena Judgment, Chiara Giorgetti
Law Faculty Publications
On 19 January 2009, the International Court of Justice ("ICJ" or "the Court") issued its Judgment On the Request for the Interpretation of the Avena Judgment ("Judgment") denying Mexico's request for interpretation, and holding that the matters claimed by Mexico "are not matters which ha[d] been decided by the Court in its Judgment," and thus could not give rise to an interpretation as requested by 2Mexico.' This is probably the last step in a complex and lengthy litigation between Mexico and United States,2 which began on January 9, 2003, when Mexico instituted proceedings at the ICJ against the U.S. for …
Maritime Delimitation In The Black Sea (Romania V. Ukraine), Coalter G. Lathrop
Maritime Delimitation In The Black Sea (Romania V. Ukraine), Coalter G. Lathrop
Faculty Scholarship
No abstract provided.
Breaking The Genuine Link: The Contemporary International Legal Regulation Of Nationality, Robert D. Sloane
Breaking The Genuine Link: The Contemporary International Legal Regulation Of Nationality, Robert D. Sloane
Faculty Scholarship
The concept of nationality traditionally mediated the relationship between the individual and the state in a bygone era in which international law regarded only the latter as a genuine subject of the law; today, its international legal functions have expanded. Yet, as in the past, it remains unclear whether and how international law limits the otherwise almost plenary competence of states to confer their nationality by their internal laws in a way entitled to international recognition. After the International Court of Justice's ("ICJ") 1955 judgment in Nottebohm, however, lawyers began to express this limit with a kind of doctrinal mantra: …