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Articles 1 - 5 of 5
Full-Text Articles in Law
From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, Jean Galbraith
From Treaties To International Commitments: The Changing Landscape Of Foreign Relations Law, Jean Galbraith
All Faculty Scholarship
Sometimes the United States makes international commitments in the manner set forth in the Treaty Clause. But far more often it uses congressional-executive agreements, sole executive agreements, and soft law commitments. Foreign relations law scholars typically approach these other processes from the perspective of constitutional law, seeking to determine the extent to which they are constitutionally permissible. In contrast, this Article situates the myriad ways in which the United States enters into international commitments as the product not only of constitutional law, but also of international law and administrative law. Drawing on all three strands of law provides a rich …
Comparing The Approaches Of The Presidential Candidates, Pierre-Richard Prosper, William W. Burke-White
Comparing The Approaches Of The Presidential Candidates, Pierre-Richard Prosper, William W. Burke-White
All Faculty Scholarship
This is a panel discussion between Pierre Prosper, attorney at Arent Fox LLP and William Burke White, Deputy Dean at the University of Pennsylvania School of Law, comparing the approaches and priorities of U.S. presidential candidates Barack Obama and Mitt Romney regarding foreign policy.
Failure Of The Current Anti-Corruption Strategy In Afghanistan, Hugh Barrett Mcclean
Failure Of The Current Anti-Corruption Strategy In Afghanistan, Hugh Barrett Mcclean
All Faculty Scholarship
Corruption has come to the forefront in Afghanistan as the United States tries to balance efforts to back anti-corruption strategies while maintaining a positive relationship with the Karzai government. Stalled corruption cases suggest corruption in Afghanistan is systemic and not limited to a particular governing body or official. It is clear that corruption exists in both the upper and lower echelons of Afghan society, and will continue to exist until the U.S.-backed anti-corruption teams are accepted by the Afghan government. The strengthening of key institutions continues to be the recommended international model. As demonstrated in the United States, the integration …
Obama's Woes, Kenneth Lasson
Obama's Woes, Kenneth Lasson
All Faculty Scholarship
This short op-ed piece discusses Barack Obama's presidency, particularly with regard to Jewish issues and with Israel and the Middle East. The writer offers his rationale why the President's support among Jewish voters is slipping.
Law In A Time Of Emergency, Kim Lane Scheppele
Law In A Time Of Emergency, Kim Lane Scheppele
All Faculty Scholarship
This article examines the domestic and foreign policy responses of the Bush administration to the events of 9/11 and contrasts them with the primary responses of America’s democratic allies in Europe. Both sets of responses are understood through the lens of Carl Schmitt’s writing on the nature of the state of exception, which in many ways provides a blueprint for contemporary American conceptions of emergency powers while providing a notorious and unsuccessful attempt to justify emergency powers to contemporary Europeans. I argue that the divergence in the standard understandings of two formative historical events help explain European and American differences …