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Full-Text Articles in Law
Introduction To The Symposium On Feminist Approaches To International Law Thirty Years On: Still Alienating Oscar?, Catherine Powell, Adrien K. Wing
Introduction To The Symposium On Feminist Approaches To International Law Thirty Years On: Still Alienating Oscar?, Catherine Powell, Adrien K. Wing
Faculty Scholarship
No abstract provided.
Double Remedies In Double Courts, Sungjoon Cho, Thomas H. Lee
Double Remedies In Double Courts, Sungjoon Cho, Thomas H. Lee
Faculty Scholarship
This Article uses an ongoing trade controversy litigated in U.S. courts and the World Trade Organization dispute resolution system as a vehicle for exploring different models to deal with parallel adjudications in different legal systems between the same or related parties on the same issue. In lieu of more traditional models of subordination or first-to-decide sequencing, the Article proposes an engagement model as a solution to the double courts, single issue problem.
Evaluating The Palestinians’ Claimed Right Of Return, Andrew Kent
Evaluating The Palestinians’ Claimed Right Of Return, Andrew Kent
Faculty Scholarship
This Article takes on a question at the heart of the longstanding Israeli-Palestinian dispute: did Israel violate international law during the conflict of 1947-49 either by expelling Palestinian civilians or by subsequently refusing to repatriate Palestinian refugees? Palestinians have claimed that Israel engaged in illegal ethnic cleansing, and that international law provides a "right of return" for the refugees displaced during what they call al-Nakbah (the catastrophe). Israel has disagreed, blaming Arab aggression and unilateral decisions by Arab inhabitants for the refugees' flight, and asserting that international law provides no right of the refugees to return to Israel. Each side …
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism , Catherine Powell
Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism , Catherine Powell
Faculty Scholarship
Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition -- and international law generally -- poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question …
A Textual And Historical Case Against A Global Constitution, Andrew Kent
A Textual And Historical Case Against A Global Constitution, Andrew Kent
Faculty Scholarship
he emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …
Supreme Court Of The United States As Quasi-International Tribunal: Reclaiming The Court's Original And Exclusive Jurisdiction Over Treaty-Based Suits By Foreign States Against States, The, Thomas H. Lee
Faculty Scholarship
The thesis of this Article is that the Constitution vests in the Supreme Court original and exclusive jurisdiction over suits brought by foreign states against States alleging violation of ratified treaties of the United States. The basis for non-immunity in suits by foreign states is the same theory of ratification consent that is presumed to justify suits against States by other States or the United States. Just as the States by ratifying the Constitution agreed to suits in the national court by other States and the national sovereign to ensure domestic peace, they agreed to suits by foreign states in …