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Full-Text Articles in Legal History

The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price Dec 2014

The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price

Legal History Publications

After the War of 1812, the maritime industry began to decline and merchants and mariners began serving as privateers for Latin American colonies ceding from Spain. This paper examines the Supreme Court decision in an action filed on behalf of the Spanish government seeking restitution for cargo seized from a Spanish vessel, the Santissima Trinidad, on the high seas by the Independencia Del Sud, a public vessel of Buenos Ayres. The Court holds that jurisdiction exists for neutrality violations as the goods were landed at Norfolk, Virginia and the public vessel had an illegal augmentation of force in a U.S. …


Treaty Termination As Foreign Affairs Exceptionalism, Jean Galbraith Jan 2014

Treaty Termination As Foreign Affairs Exceptionalism, Jean Galbraith

All Faculty Scholarship

No abstract provided.


Turnaround: Reflections On The Present Day Influence Of Negotiations On International Bankruptcy At The Fifth Session Of The Hague Conference On Private International Law In 1925, Susan Block-Lieb Jan 2014

Turnaround: Reflections On The Present Day Influence Of Negotiations On International Bankruptcy At The Fifth Session Of The Hague Conference On Private International Law In 1925, Susan Block-Lieb

Faculty Scholarship

In 1925, the British government sent a delegation to the Fifth Session of the Hague Conference on Private International Law. The Hague Conference had met sporadically since 1893,1 but this was the first time the British government sent a delegation to The Hague to discuss the possibility of a diplomatic convention to reach international agreement on uniform rules on what continental Europeans called “private international law” — matters of jurisdiction, applicable law and procedure. The British delegation held limited authority from the Home Office: it could participate only in deliberations on a possible convention on bankruptcy law, and then only …


Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel Jan 2014

Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel

Other Publications

No abstract provided.


Soft Law As Foreign Relations Law, Jean Galbraith, David Zaring Jan 2014

Soft Law As Foreign Relations Law, Jean Galbraith, David Zaring

All Faculty Scholarship

The United States increasingly relies on “soft law” and, in particular, on cooperation with foreign regulators to make domestic policy. The implementation of soft law at home is typically understood to depend on administrative law, as it is American agencies that implement the deals they conclude with their foreign counterparts. But that understanding has led courts and scholars to raise questions about whether soft law made abroad can possibly meet the doctrinal requirements of the domestic discipline. This Article proposes a new doctrinal understanding of soft law implementation. It argues that, properly understood, soft law implementation lies at the intersection …


Book Review (Reviewing International Law In The Us. Supreme Court: Continuity And Change (David L. Sloss, Michael D. Ramsey, And Williams. Dodge Eds., 2011))., Jean Galbraith Jan 2014

Book Review (Reviewing International Law In The Us. Supreme Court: Continuity And Change (David L. Sloss, Michael D. Ramsey, And Williams. Dodge Eds., 2011))., Jean Galbraith

All Faculty Scholarship

No abstract provided.


The Bond Court's Institutional Truce, Monica Hakimi Jan 2014

The Bond Court's Institutional Truce, Monica Hakimi

Faculty Scholarship

As many readers are aware, Bond v. United States is a quirky case. The federal government prosecuted under the implementing legislation for the Chemical Weapons Convention (CWC) a betrayed wife who used chemical agents to try to harm her husband’s lover. The wife argued that, as applied to her, the implementing legislation violated the Tenth Amendment. She thus raised difficult questions about the scope of the treaty power and of Congress’s authority to implement treaties through the Necessary and Proper Clause. The Bond Court avoided those questions with a clear statement rule: “we can insist on a clear indication that …