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Full-Text Articles in Law

The Political Branches And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia Aug 2016

The Political Branches And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia

Anthony J. Bellia

In the late eighteenth and early nineteenth centuries, the U.S. Supreme Court went out of its way to follow background rules of the law of nations, particularly the law of state-state relations. As we have recently argued, the Court followed the law of nations because adherence to such law preserved the constitutional prerogatives of the political branches to conduct foreign relations and decide momentous questions of war and peace. Although we focused primarily on the extent to which the Constitution obligated courts to follow the law of nations in the early republic, the explanation we offered rested on an important, …


Originalism And The Executive, Neil Kinkopf Feb 2016

Originalism And The Executive, Neil Kinkopf

Neil J. Kinkopf

No abstract provided.


Ted Cruz Is Not Eligible To Be President, Mary Brigid Mcmanamon Jan 2016

Ted Cruz Is Not Eligible To Be President, Mary Brigid Mcmanamon

Mary Brigid McManamon

Editorial discussing the original intent of "natural born citizen."


The Executive, Shubhankar Dam Dec 2015

The Executive, Shubhankar Dam

Shubhankar Dam

India has a parliamentary system. The President is the head of the Union of India; the Prime Minister is the head of government.1 Along with his or her cabinet, the Prime Minister is responsible to the Lower House of Parliament.2 States have similar arrangements. They are formally headed by Governors. But chief ministers and their cabinets lead the governments. Executive power, ordinarily, is exercised by the Prime Minister, chief ministers and their respective councils of ministers. However, in keeping with India’s Westminster inheritance, such power often vests in the formal heads, and is exercised in their names. This chapter offers …