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Full-Text Articles in President/Executive Department
Executive Agreements Relying On Implied Statutory Authority: A Response To Bodansky And Spiro, David A. Wirth
Executive Agreements Relying On Implied Statutory Authority: A Response To Bodansky And Spiro, David A. Wirth
Vanderbilt Journal of Transnational Law
Until recently, the law surrounding executive agreements has been a subject of attention from a relatively small number of academics concerned with foreign relations law, along with State Department lawyers who have a need to deploy the underlying concepts in concrete determinations. Then, with little advance warning, the Paris Agreement thrust legal doctrines surrounding executive agreements to center stage in public policy debates and in the popular press. President Donald Trump's campaign promise to "cancel" the Paris Agreement has drawn even more attention to the issue. Unfortunately, the result has been a great deal of confusion, often needlessly contributing to …
"Head-Of-State-Owned Enterprise" Immunity, Pammela S. Quinn
"Head-Of-State-Owned Enterprise" Immunity, Pammela S. Quinn
Vanderbilt Journal of Transnational Law
While other wealthy individuals and businessmen have served and do serve as heads of state, the Trump presidency appears to be unique in terms of the global scope of the President's business interests, his propensity to be sued, and his disinterest in disentangling his business interests from his official agenda. This Article conceptualizes Trump's many business holdings and licenses under the Trump Organization International umbrella as a "head-of-state-owned enterprise." This raises issues similar to cases involving both head-of-state and state-owned enterprise immunity. Considering existing immunity doctrines, including gaps and contested areas in the law pertaining to them, the Article identifies …