Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional law (4)
- Due process (2)
- Agency (1)
- Cannabis (1)
- Constitution (1)
-
- Criminal law (1)
- Cult of personality (1)
- Doctrine (1)
- Drug (1)
- Enforcement (1)
- Executive Branch (1)
- Executive killing power (1)
- Foreign Sovereign Immunities Act (1)
- Foreign official immunity (1)
- Interrogation (1)
- Japan (1)
- Jurisdiction (1)
- Organization for African Unity (1)
- Originalism (1)
- Police investigative practices (1)
- Politics (1)
- Politics and government (1)
- Recognition of regimes (1)
- Search and seizure (1)
- Separation-of-powers (1)
- Sovereign immunity (1)
- State constitutions (1)
- Supremacy Clause (1)
- Supreme Court (1)
- Targeted killing of terrorists (1)
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Law
Foreign Official Immunity Determinations In U.S. Courts: The Case Against The State Department, Ingrid Wuerth Brunk
Foreign Official Immunity Determinations In U.S. Courts: The Case Against The State Department, Ingrid Wuerth Brunk
Vanderbilt Law School Faculty Publications
The immunity of foreign states from suit in U.S. courts is governed by a federal statute, the Foreign Soveriegn Immunities Act (FSIA). This statute does not apply to the immunity of individual foreign officials, however, as the Supreme Court recently held in Samantar v. Yousuf Instead, the Court reasoned, the immunity of foreign government officials is controlled by common law. But there is no extant body offederal or state common law governing foreign official immunity, and the Court did not clarify how this law should be developed going forward. The State Department claims that it holds constitutional power to make …
Due Process Rights And The Targeted Killing Of Suspected Terrorists, Benjamin Mckelvey
Due Process Rights And The Targeted Killing Of Suspected Terrorists, Benjamin Mckelvey
Vanderbilt Journal of Transnational Law
The Central Intelligence Agency (CIA), with the approval of the Obama Administration, conducts targeted killings of individual suspected terrorists. These killings have significantly increased since the Iraq war and are now a central component of U.S. counterterrorism strategy. The targeted killing program consists mainly of missile strikes from Predator drones, which are unmanned aerial vehicles operated by the CIA. In May 2010, President Obama's National Security Council approved the targeted killing of Anwar al-Aulaqi, a U.S. citizen and suspected al-Qaeda senior leader believed to be hiding in Yemen. As the first American targeted for extrajudicial lethal force, Aulaqi's situation quickly …
The Origins And Limits Of Originalism: A Comparative Study, Ozan O. Varol
The Origins And Limits Of Originalism: A Comparative Study, Ozan O. Varol
Vanderbilt Journal of Transnational Law
In the debate about originalism in the United States, scholars have devoted scant attention to the question whether the United States stands alone in its fascination with originalism. According to the prevailing view, originalism is distinctively American and the study of comparative originalism is an oxymoron. This Article challenges that conventional view. Drawing on neglected Turkish-language sources, the Article analyzes, as a comparative case study, the use of originalism by the Turkish Constitutional Court (Anayasa Mahkemesi) to interpret the secularism provisions in the Turkish Constitution. Comparing the Turkish version of originalism to American originalism, the Article sheds light on broader …
A Club Of Incumbents? The African Union And Coups D'Etat, Eki Y. Omorogbe
A Club Of Incumbents? The African Union And Coups D'Etat, Eki Y. Omorogbe
Vanderbilt Journal of Transnational Law
This Article considers the response of the Organization for African Unity (the OAU, founded in 1963) and its successor, the African Union (the AU, which began operating in 2003) to coups d'etat, since 1997. The Article addresses these organizations' policies concerning unconstitutional changes of government, as well as the application of these policies. In considering these issues, the Article examines the response of the AU to the coups in Togo (2005), Mauritania (2005 and 2008), Guinea (2008), Madagascar (2009), and Niger (2010). In each case, the AU was unwilling to recognize the government that came to power through coup, even …
A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos
A Critical Appraisal Of The Department Of Justice's New Approach To Medical Marijuana, Robert A. Mikos
Vanderbilt Law School Faculty Publications
The Obama Administration has embarked upon a much-heralded shift in federal policy toward medical marijuana. Eschewing the hard-ball tactics favored by earlier Administrations, Attorney General Eric Holder announced in October 2009 that the Department of Justice (DOJ) would stop enforcing the federal marijuana ban against persons who comply with state medical marijuana laws. Given the significance of the medical marijuana issue in both criminal law and federalism circles, this Article sets out to provide the first in-depth analysis of the changes wrought by the DOJ’s new Non Enforcement Policy (NEP). In a nutshell, it suggests that early enthusiasm for the …
Comparative Empiricism And Police Investigative Practices, Christopher Slobogin
Comparative Empiricism And Police Investigative Practices, Christopher Slobogin
Vanderbilt Law School Faculty Publications
In the search and seizure context, the United States is much more heavily wedded to warrants and exclusion than European countries and in the interrogation setting requires more robust warnings than most nations in Europe. Comparative empiricism is an empirical assessment of the relative effectiveness of these types of differences between nations regulatory regimes. In the law enforcement context, this type of assessment might be the only realistic means of determining the combination of mechanisms that best protects against government over-reaching without unduly stymying good police-work. Domestic research that attempts to explore differing regulatory approaches either occurs in experimental settings …
Epilog: Foreign Sovereign Immunity At Home And Abroad, Ingrid Wuerth
Epilog: Foreign Sovereign Immunity At Home And Abroad, Ingrid Wuerth
Vanderbilt Journal of Transnational Law
Every author writing on U.S. law for this symposium notes that the extent to which the Executive Branch can make binding immunity determinations is an important issue going forward. In addition to Legal Adviser Koh, two other authors address this issue directly. Professor Peter Rutledge provides a typology of the various roles that the Executive Branch might play in immunity (and other) cases, distinguishing in particular between views articulated by the Executive Branch independently of ongoing litigation, and those expressed with respect to particular pending cases. And Lewis Yelin of the Department of Justice has contributed a major, comprehensive article …
Constitutional Adjudication In Japan: Context, Structures, And Values, John O. Haley
Constitutional Adjudication In Japan: Context, Structures, And Values, John O. Haley
Vanderbilt Law School Faculty Publications
Judges in Japan share the prevailing communitarian orientation of their society, an orientation that rejects Manichean choices and moral or "scientific" absolutes, but instead relies on their collective and individual perceptions of community values, including the global community, shared by peers. They also, I believe, accept an unstated premise that legislative and administrative decisions reflect a consensus among the participants--not a simple majority. The issue remains as to who participates--who sits at the table--but the political and administrative processes do not routinely require merely fifty-one out of a hundred votes. As a consequence, judges are cautiously conservative. They adhere to …
Agency Independence After Pcaob, Kevin M. Stack
Agency Independence After Pcaob, Kevin M. Stack
Vanderbilt Law School Faculty Publications
Separation of powers has a new endeavor. The PCAOB decision makes the validity of good-cause removal protections depend on the separation of adjudicative from policymaking and enforcement functions within the agency. At a minimum, within independent agencies, it preserves the second layer of removal protection only for dedicated adjudicators. But its logic extends further. In PCAOB, the demand for political supervision over rulemaking and enforcement trumped Congress's choice to preserve the independence of officials who perform those roles and also adjudicate. In that way, PCAOB reversed the consistent constitutional validation of good-cause removal protections for those who engage in adjudication. …
The Four Pillars Of Constitutional Doctrine, Suzanna Sherry
The Four Pillars Of Constitutional Doctrine, Suzanna Sherry
Vanderbilt Law School Faculty Publications
Constitutional interpretation, and thus constitutional doctrine, is inevitably controversial. Judges, scholars, lawyers, politicians, and the American public all disagree among themselves, not only about the correct constitutional outcome but even about the right approach to constitutional interpretation. We are unlikely to reach consensus on whether we should read the Constitution as a living and evolving document or instead read it in accordance with a fixed original meaning, much less on whether it does or does not protect campaign contributions, reproductive rights, affirmative action policies, gun ownership, or any of the other contested issues that have recently come before the Supreme …
Assessing The State Of State Constitutionalism, Jim Rossi
Assessing The State Of State Constitutionalism, Jim Rossi
Vanderbilt Law School Faculty Publications
State constitutions are terribly important legal documents, but their interpretation is remarkably understudied (and, of course, highly undertheorized) in the academic literature. This review essay discusses Robert Williams’s welcome new book, The Law of American State Constitutions (Oxford University Press, 2009). After summarizing the content of Williams’s book, it discusses the normative significance of his work, focusing especially on his discussion of independent state constitutions and the positive theory of interpretation he advances. The essay concludes by highlighting some areas where the field of state constitutional law is in need of further advancement, including research that positions state constitutions within …