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Full-Text Articles in Law
Zivotofsky Ii's Two Visions For Foreign Relations Law, Harlan G. Cohen
Zivotofsky Ii's Two Visions For Foreign Relations Law, Harlan G. Cohen
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The five opinions in Zivotofsky v. Kerry – four by the Supreme Court’s Republican-nominated Justices – exposed fault-lines over foreign relations law that have remained hidden in many of the Court’s other cases. This short essay, part of an AJIL Unbound Agora on the case, explores the most notable of these fissures – that between Justice Kennedy, who wrote the majority opinion, and Chief Justice Roberts, who dissented. Their disagreement in this case highlights the two Justices’ very different visions of U.S. foreign relations law and reveals the dynamic that has defined the direction of the Court over the last …
Formalism And Distrust: Foreign Affairs Law In The Roberts Court, Harlan G. Cohen
Formalism And Distrust: Foreign Affairs Law In The Roberts Court, Harlan G. Cohen
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When it comes to foreign relations, the Roberts Court has trust issues. As far as the Court is concerned, everyone — the President, Congress, the lower courts, plaintiffs — has played hard and fast with the rules, taking advantage of the Court’s functionalist approaches to foreign affairs issues. This seems to be the message of the RobertsCourt foreign affairs law jurisprudence.
The Roberts Court has been active in foreign affairs law, deciding cases on the detention and trial of enemy combatants, foreign sovereign immunity, the domestic effect of treaties, the extraterritorial reach of federal statutes, the preemption of state laws, …
Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn
Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn
Georgia Journal of International & Comparative Law
No abstract provided.
Formalism And Distrust: Foreign Affairs Law In The Roberts Court,, Harlan G. Cohen
Formalism And Distrust: Foreign Affairs Law In The Roberts Court,, Harlan G. Cohen
Scholarly Works
When it comes to foreign relations, the Roberts Court has trust issues. As far as the Court is concerned, everyone — the President, Congress, the lower courts, plaintiffs — has played hard and fast with the rules, taking advantage of the Court’s functionalist approaches to foreign affairs issues. This seems to be the message of the Roberts Court foreign affairs law jurisprudence. The Roberts Court has been active in foreign affairs law, deciding cases on the detention and trial of enemy combatants, foreign sovereign immunity, the domestic effect of treaties, the extraterritorial reach of federal statutes, the preemption of state …
Extradition Treaties - International Law - The United States Supreme Court Approves Extraterritorial Abduction Of Foreign Criminals - United States V. Alvarez-Machain, 112 S. Ct. 2188 (1992), Michael R. Wing
Georgia Journal of International & Comparative Law
No abstract provided.
International Norms In Constitutional Law, Michael Wells
International Norms In Constitutional Law, Michael Wells
Georgia Journal of International & Comparative Law
No abstract provided.
The Use Of International Sources In Constitutional Opinion, Daniel Bodansky
The Use Of International Sources In Constitutional Opinion, Daniel Bodansky
Georgia Journal of International & Comparative Law
No abstract provided.
John Paul Stevens, Human Rights Judge, Diane Marie Amann
John Paul Stevens, Human Rights Judge, Diane Marie Amann
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This article explores the nature and origins of Supreme Court Justice John Paul Stevens' engagement with international and foreign law and norms. It first discusses Stevens' pivotal role in the revived use of such norms to aid constitutional interpretation, as well as 1990s opinions testing the extent to which constitutional protections reach beyond the water's edge and 2004 opinions on post-September 11 detention. It then turns to mid-century experiences that appear to have contributed to Stevens' willingness to consult foreign context. The article reveals that as a code breaker Stevens played a role in the downing of the Japanese general …
Supremacy And Diplomacy: The International Law Of The U.S. Supreme Court, Harlan G. Cohen
Supremacy And Diplomacy: The International Law Of The U.S. Supreme Court, Harlan G. Cohen
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In 2003-2004, a Presidential campaign year dominated by debates about international affairs and international law, the U.S. Supreme Court took an unusual number of cases of international import. The Court considered the Alien Tort Claims Act and the future of human rights suits in U.S. courts, the applicability of the Foreign Sovereign Immunity Act to claims involving Nazi-stolen artwork, the applicability of American antitrust law to foreign anticompetitive activity, and the legality of the Guantanamo detentions. A great deal of ink has been spilled analyzing the individual impacts of each of these cases. What has been less considered is how …