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A Constitutional Theory Of Territoriality: The Case Of Puerto Rico, Joel Colón-Ríos, Yaniv Roznai
A Constitutional Theory Of Territoriality: The Case Of Puerto Rico, Joel Colón-Ríos, Yaniv Roznai
Cleveland State Law Review
This Article offers an analysis of the relationship between Puerto Rico and the United States that, unlike most of the existing literature, goes beyond discussions of the jurisprudence of U.S. courts and avoids providing merely descriptive or justificatory accounts. Using the tools of constitutional theory, we seek to describe the nature of what we call the “basic structure of territoriality,” the way that structure reproduces itself, and the possibility of its replacement. The basic structure of territoriality, we argue, is comprised by ten fundamental legal rules and five principles. Although those principles are not legally enforceable, they inform in important …
Forcing Sovereign Conformity: The Comprehensive Anti-Apartheid Act Of 1986, Joseph L. Miljak
Forcing Sovereign Conformity: The Comprehensive Anti-Apartheid Act Of 1986, Joseph L. Miljak
Cleveland State Law Review
One focus of this Note is to analyze the international repercussions of the Anti-Apartheid Act within the context of United States foreign policy, the sovereignty rights of South Africa, the jurisdiction of United States courts to pass on violations of the Act, and United Nations provisions governing interference with the economy of a foreign government. However, before any discussion of the international legality of this Act can take place, its domestic legality must be determined. Therefore, before looking to international justifications for the Act, this Note will analyze it within the context of United States constitutional law. This analysis will …