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Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer Jan 2018

Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer

Articles

Courts in the United Kingdom and South Africa have recently issued important rulings that have constrained the executive’s authority to withdraw from treaties in those countries. This essay considers whether these rulings might offer insights for treaty exit issues in the United States. We first provide an overview of U.S. law and practice regarding the termination of international agreements. We next summarize the U.K. and South African decisions, which required parliamentary approval for pulling out of treaties establishing the European Union and the International Criminal Court (ICC), respectively. Finally, we consider the relevance of these rulings for treaty withdrawals in …


The People Against The Constitution, Aziz Huq Jan 2018

The People Against The Constitution, Aziz Huq

Articles

No abstract provided.


Limited Inalienability Rules, Ariel Porat, Stephen D. Sugarman Jan 2018

Limited Inalienability Rules, Ariel Porat, Stephen D. Sugarman

Public Law and Legal Theory Working Papers

Most people’s entitlements are protected by a property rule, which means that their holders can sell them for a price. But some important entitlements are protected by an inalienability rule, and hence cannot be sold under any circumstances. For example, people cannot sell their organs. In most jurisdictions, women cannot be surrogate mothers for a fee (only for reimbursement of costs). People cannot sell their right not to be exposed to highly life-threatening conditions. Most constitutional rights are not transferrable. People cannot reassign their legal entitlements to social benefits provided by the government. Tort victims in many jurisdictions cannot sell …


Sexual Harassment And Corporate Law, Daniel Hemel, Dorothy S. Lund Jan 2018

Sexual Harassment And Corporate Law, Daniel Hemel, Dorothy S. Lund

Public Law and Legal Theory Working Papers

The year 2017 marked an inflection point in the evolution of social norms regarding sexual harassment. While victims of workplace harassment had long suffered in silence, the surfacing of serious sexual misconduct allegations against Hollywood producer Harvey Weinstein encouraged many more victims to tell their personal stories of abuse. These scandals have spread beyond Hollywood to the rest of corporate America, leading to the departures of several high-profile executives as well as sharp stock price declines at a number of firms. In the past year, shareholders at four publicly traded companies have filed lawsuits alleging that corporate directors and officers …


The Marginal Revenue Rule In Cost-Benefit Analysis, David A. Weisbach, Daniel J. Hemel, Jennifer Nou Jan 2018

The Marginal Revenue Rule In Cost-Benefit Analysis, David A. Weisbach, Daniel J. Hemel, Jennifer Nou

Public Law and Legal Theory Working Papers

In April, Treasury and the Office of Management and Budget released a memorandum of agreement stating that tax related regulations will be subject to centralized review by OMB’s Office of Information and Regulatory Affairs (OIRA).1 Importantly, the memorandum instructs Treasury to give OIRA a formal cost-benefit analysis of any regulatory action that has an annual non-revenue effect on the economy of $100 million or more. Regulations that create interagency inconsistencies or raise “novel” legal or policy issues are also subject to OIRA review. For these “significant” regulations, the memorandum requires a less formal cost-benefit analysis.

These new mandates require …


Exiting Congressional-Executive Agreements, Curtis A. Bradley Jan 2018

Exiting Congressional-Executive Agreements, Curtis A. Bradley

Articles

Commentators have argued that, even if the president has the unilateral authority to terminate Article II treaties concluded with the Senate’s advice and consent, the president lacks the unilateral authority to terminate “congressional-executive agreements” concluded with majority congressional approval, such as the North American Free Trade Agreement (NAFTA). This Article challenges that claim. If one accepts a presidential authority to terminate Article II treaties, this Article contends, there is no persuasive reason to conclude differently with respect to congressional-executive agreements. Congressional-executive agreements have become largely interchangeable with Article II treaties as a matter of domestic law and practice. For example, …


Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith Jan 2018

Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith

Articles

Presidents have come to dominate the making, interpretation, and termination of international law for the United States. Often without specific congressional concurrence, and sometimes even when it is likely that Congress would disagree, Presidents assert the authority to (a) make a vast array of international obligations for the United States, through both written agreements and the development of customary international law; (b) make increasingly consequential political commitments for the United States on practically any topic; (c) interpret these obligations and commitments; and (d) terminate or withdraw from these obligations and commitments. While others have examined pieces of this picture, no …


Originalism As A Constraint On Judges, William Baude Jan 2018

Originalism As A Constraint On Judges, William Baude

Articles

No abstract provided.


A Common Law For The First Amendment, Richard A. Epstein Jan 2018

A Common Law For The First Amendment, Richard A. Epstein

Articles

No abstract provided.


Accidents And Aggregates, Lee Anne Fennell Jan 2018

Accidents And Aggregates, Lee Anne Fennell

Articles

No abstract provided.


Apparent Fault, Aziz Huq, Genevieve Lakier Jan 2018

Apparent Fault, Aziz Huq, Genevieve Lakier

Articles

No abstract provided.


Federalism As A Safeguard Of Progressive Taxation, Daniel Hemel Jan 2018

Federalism As A Safeguard Of Progressive Taxation, Daniel Hemel

Articles

No abstract provided.


Making A Market For Corporate Disclosure, Kevin S. Haeberle, M. Todd Henderson Jan 2018

Making A Market For Corporate Disclosure, Kevin S. Haeberle, M. Todd Henderson

Articles

No abstract provided.


Panel On Rules Versus Standards In Constitutional And Statutory Interpretation, Akhil Reed Amar, Frank H. Easterbrook, John C. Harrison, William Francis Kuntz Ii Jan 2018

Panel On Rules Versus Standards In Constitutional And Statutory Interpretation, Akhil Reed Amar, Frank H. Easterbrook, John C. Harrison, William Francis Kuntz Ii

Articles

No abstract provided.


Cost-Benefit Analysis And The Judicial Role, Jonathan Masur, Eric A. Posner Jan 2018

Cost-Benefit Analysis And The Judicial Role, Jonathan Masur, Eric A. Posner

Articles

No abstract provided.


Introduction To Decentralization And Development, Shitong Qiao, Richard A. Epstein Jan 2018

Introduction To Decentralization And Development, Shitong Qiao, Richard A. Epstein

Articles

No abstract provided.


Separation Of Powers Metatheory, Aziz Huq Jan 2018

Separation Of Powers Metatheory, Aziz Huq

Articles

No abstract provided.


Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq Jan 2018

Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq

Articles

No abstract provided.


Terrorism And Democratic Recession, Aziz Huq Jan 2018

Terrorism And Democratic Recession, Aziz Huq

Articles

No abstract provided.


The Cross-Examination Of Mayella Ewell, Richard H. Mcadams Jan 2018

The Cross-Examination Of Mayella Ewell, Richard H. Mcadams

Articles

No abstract provided.


The Causes And Consequences Of Gerrymandering, Nicholas Stephanopoulos Jan 2018

The Causes And Consequences Of Gerrymandering, Nicholas Stephanopoulos

Articles

No abstract provided.


Why Limits On Contributions To Super Pacs Should Survive Citizens United, Albert W. Alschuler, Laurence H. Tribe, Norman Eisen, Richard W. Painter Jan 2018

Why Limits On Contributions To Super Pacs Should Survive Citizens United, Albert W. Alschuler, Laurence H. Tribe, Norman Eisen, Richard W. Painter

Articles

No abstract provided.


The Case Against Passive Shareholder Voting, Dorothy Shapiro Lund Jan 2018

The Case Against Passive Shareholder Voting, Dorothy Shapiro Lund

Articles

No abstract provided.


The Myth Of Trade Usages: A Talk, Lisa Bernstein Jan 2018

The Myth Of Trade Usages: A Talk, Lisa Bernstein

Articles

No abstract provided.


The Measure Of A Metric: The Debate Over Quantifying Partisan Gerrymandering, Nicholas Stephanopoulos, Eric Mcghee Jan 2018

The Measure Of A Metric: The Debate Over Quantifying Partisan Gerrymandering, Nicholas Stephanopoulos, Eric Mcghee

Articles

No abstract provided.


The Role Of Exit Rights: What The Theory Of The Firm Says About The Conduct Of Brexit Negotiations, Richard A. Epstein Jan 2018

The Role Of Exit Rights: What The Theory Of The Firm Says About The Conduct Of Brexit Negotiations, Richard A. Epstein

Articles

No abstract provided.


The Wrong Rights, Or: The Inescapable Weaknesses Of Modern Liberal Constitutionalism, Richard A. Epstein Jan 2018

The Wrong Rights, Or: The Inescapable Weaknesses Of Modern Liberal Constitutionalism, Richard A. Epstein

Articles

No abstract provided.


Police Violence In The Wire, Jonathan Masur, Richard H. Mcadams Jan 2018

Police Violence In The Wire, Jonathan Masur, Richard H. Mcadams

Articles

No abstract provided.


The End Of Bargaining In The Digital Age, Saul Levmore, Frank Fagan Jan 2018

The End Of Bargaining In The Digital Age, Saul Levmore, Frank Fagan

Articles

No abstract provided.


The Origins Of The Espionage Act Of 1917: Was Judge Learned Hand's Understanding Of The Act Defensible?, Geoffrey R. Stone Jan 2018

The Origins Of The Espionage Act Of 1917: Was Judge Learned Hand's Understanding Of The Act Defensible?, Geoffrey R. Stone

Articles

No abstract provided.