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Full-Text Articles in Supreme Court of the United States
Zivotofsky Ii's Two Visions For Foreign Relations Law, Harlan G. Cohen
Zivotofsky Ii's Two Visions For Foreign Relations Law, Harlan G. Cohen
Scholarly Works
The five opinions in Zivotofsky v. Kerry – four by the Supreme Court’s Republican-nominated Justices – exposed fault-lines over foreign relations law that have remained hidden in many of the Court’s other cases. This short essay, part of an AJIL Unbound Agora on the case, explores the most notable of these fissures – that between Justice Kennedy, who wrote the majority opinion, and Chief Justice Roberts, who dissented. Their disagreement in this case highlights the two Justices’ very different visions of U.S. foreign relations law and reveals the dynamic that has defined the direction of the Court over the last …
The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai
The Boundless War: Challenging The Notion Of A Global Armed Conflict Against Al-Qaeda And Its Affiliates, Andrew Beshai
Loyola of Los Angeles Law Review
The U.S. military response to the 9/11 attacks has expanded into a “global war” without a definite geographic scope. Both the Bush and Obama administrations have executed attacks in several countries including Somalia, Afghanistan, Pakistan, and Yemen under the “global war” paradigm. This Article challenges the concept of a global armed conflict, instead favoring the “epicenter-of-hostilities” framework for determining the legality of military action against Al-Qaeda, the Taliban, and other terrorist groups. This approach, rooted in established international law, measures the existence of specific criteria in each nation where hostile forces are present to determine if an armed conflict in …
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya
Publications
No abstract provided.
Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis
Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis
Michigan Journal of International Law
This Comment examines, through principles of public international law and U.S. jurisprudence, the relationship between U.S. courts and the ICJ to determine if the former are indeed bound by the latter's decisions, proprio motu, or if instead some Executive action is required to make the decisions binding on the judiciary. Part of this examination will entail a discussion of the potential for dialogue between the ICJ and U.S. courts to "pierce the veil of sovereignty" that traditionally conceals the inner workings of sovereign states from the scrutiny of international tribunals. Based on this assessment, the Comment then addresses how …