Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Treaties (3)
- 1789 Judiciary Act (1)
- Access to the courts (1)
- Alien Tort Statute (1)
- Bond v. United States (1)
-
- Bounded universality (1)
- Chemical Weapons Convention (1)
- Chemical weapons (1)
- Climate change (1)
- Complementarity (1)
- Connection to the forum (1)
- Consensus on conduct (1)
- Constitutionality (1)
- Crimes (1)
- Enforcement (1)
- Friendship treaties (1)
- Global warming (1)
- Greenhouse gases (1)
- Horizontal enforcement (1)
- Judgments (1)
- Kyoto Protocol (1)
- Nationality (1)
- Restatement (Third) of Foreign Relations Law (1)
- Territory (1)
- Treaty interpretation (1)
- United States (1)
- Universal civil jurisdiction (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
The Three C'S Of Jurisdiction Over Human Rights Claims In U.S. Courts, Chimène I. Keitner
The Three C'S Of Jurisdiction Over Human Rights Claims In U.S. Courts, Chimène I. Keitner
Michigan Law Review First Impressions
The legal aftermath of the Holocaust continues to unfold in U.S. courts. Most recently, the Seventh Circuit dismissed claims against the Hungarian national railway and Hungarian national bank for World War II-era crimes against Hungarian Jews on the grounds that the plaintiffs had not exhausted available local remedies in Hungary or provided a “legally compelling” reason for not doing so. More broadly, heated debates about the role of U.S. courts in enforcing international human rights law have not abated since the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum Co., which restricted but did not eliminate federal …
Lost In Translation: The Accidental Origins Of Bond V. United States, Kevin L. Cope
Lost In Translation: The Accidental Origins Of Bond V. United States, Kevin L. Cope
Michigan Law Review First Impressions
One of the unusual features of cases about the constitutionality of federal statutes is that they are nearly always foreseeable. Even before the bill’s introduction in Congress, lawmakers are often aware that they are inviting a federal lawsuit. Anticipating a legal challenge, legislators and their staffs attempt to predict the courts’ views of the statute and adapt the bill accordingly. Generally speaking, the bigger the bill’s potential constitutional impact, the more foreseeable the resulting case. By this logic, jurists should have seen the constitutional issues in Bond v. United States from a mile away. In reality, they were foreseen by …
Friendship Treaties ≠ Judgment Treaties, John F. Coyle
Friendship Treaties ≠ Judgment Treaties, John F. Coyle
Michigan Law Review First Impressions
It is hornbook law that the United States is not currently a party to any treaty governing the enforcement of foreign judgments. At least, it was hornbook law until 1993. In that year, the U.S. Court of Appeals for the Eleventh Circuit adopted a novel interpretation of a provision in a bilateral treaty of friendship, commerce, and navigation ("FCN treaty") between the United States and Greece that transformed the treaty into a de facto judgments treaty. Two years later, in 1995, the Third Circuit adopted the same interpretation of an identical clause in the United States-Korea FCN treaty. Each of …
America’S Next Move: The United States’ Domestic And International Policies On Global Warming After The Kyoto Protocol, Joshua Van Der Ploeg
America’S Next Move: The United States’ Domestic And International Policies On Global Warming After The Kyoto Protocol, Joshua Van Der Ploeg
Michigan Law Review First Impressions
The international Kyoto Protocol to combat global warming—negotiated in 1997 and ratified by nearly all signatory countries except the United States and Kazakhstan—will expire in 2012, at the end of the upcoming presidential term. Whichever candidate the American people select to lead our nation for the next four years will face two great challenges to confront global climate change: what direction to take the country within the international community as the world decides how to replace Kyoto, and what policies to implement domestically to help curb this impending crisis.