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The Supremacy Clause As Structural Safeguard Of Federalism: State Judges And International Law In The Post-Erie Era, Sam F. Halabi
The Supremacy Clause As Structural Safeguard Of Federalism: State Judges And International Law In The Post-Erie Era, Sam F. Halabi
Faculty Publications
Against a backdrop of state constitutional and legislative initiatives aimed at limiting judicial use of international law, this Article argues that state judges have, by and large, interpreted treaties and customary international law so as to narrow their effect on state law-making prerogatives. Where state judges have used international law more liberally, they have done so to give effect to state executive and legislative objectives. Not only does this thesis suggest that the trend among state legislatures to limit state judges' use of international law is self-defeating, it also gives substance to a relatively unexplored structural safeguard of federalism: state …
Forward: Sandra Day O'Connor, Earl F. Nelson, And State Judicial Selection And Retention Systems, R. Lawrence Dessem
Forward: Sandra Day O'Connor, Earl F. Nelson, And State Judicial Selection And Retention Systems, R. Lawrence Dessem
Faculty Publications
In difficult cases, in unpopular cases, in cases that may draw criticism from the executive branch of government, the legislature, the media, or the general populace, it is essential that judges be insulated from public pressure. However much we believe in the strength and integrity of the human spirit, we cannot expect judges to do justice without establishing an institutional framework that guarantees them that their next decision, however loathsome or unpopular, will not be their last.