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International Trade Law

Selected Works

Perry S. Bechky

2011

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Full-Text Articles in Law

The Politics Of Divestment, Perry S. Bechky Dec 2010

The Politics Of Divestment, Perry S. Bechky

Perry S. Bechky

In the Sudan Accountability and Divestment Act (‘SADA’) of 2007, Congress authorized state governments to divest from businesses investing in Sudan. Congress took this unprecedented step in the face of objections from the Bush Administration and the business community that state divestment intrudes unconstitutionally into the exclusive foreign-relations prerogatives of the federal government. SADA would be remarkable enough if it allowed state divestment while adhering to a dualist conception of federalism. This paper explores the possibility that SADA and its progeny – the Comprehensive Iran Sanctions, Accountability, and Divestment Act (‘CISADA’) of 2010 – may signal the emergence of a …