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Articles 1 - 13 of 13
Full-Text Articles in Law
The Costs Of Legal Change, Michael P. Van Alstine
The Costs Of Legal Change, Michael P. Van Alstine
Michael P. Van Alstine
No abstract provided.
The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine
Michael P. Van Alstine
The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as …
Taking Care Of John Marshall's Political Ghost, Michael P. Van Alstine
Taking Care Of John Marshall's Political Ghost, Michael P. Van Alstine
Michael P. Van Alstine
No abstract provided.
Us-Amerikanisches Handels- Und Wirtschaftsrecht, 2d Edition, Michael Van Alstine, Siegfried Elsing
Us-Amerikanisches Handels- Und Wirtschaftsrecht, 2d Edition, Michael Van Alstine, Siegfried Elsing
Michael P. Van Alstine
No abstract provided.
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine
Michael P. Van Alstine
No abstract provided.
Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine
Of Textualism, Party Autonomy, And Good Faith, Michael P. Van Alstine
Michael P. Van Alstine
No abstract provided.
Fehlender Konsens Beim Vertragsabschulss Nach Dem Einheitlichen Un-Kaufrecht, Michael Van Alstine
Fehlender Konsens Beim Vertragsabschulss Nach Dem Einheitlichen Un-Kaufrecht, Michael Van Alstine
Michael P. Van Alstine
No abstract provided.
The Power Of The President, Michael P. Van Alstine
The Power Of The President, Michael P. Van Alstine
Michael P. Van Alstine
When it comes to foreign affairs, the executive branch holds sway. Or does it? A modern resurgence of an historical controversy.
Die Eg-Uebernahme-Richtlinie Im Lichte Der Erfahrungen In Den Usa, Michael P. Van Alstine
Die Eg-Uebernahme-Richtlinie Im Lichte Der Erfahrungen In Den Usa, Michael P. Van Alstine
Michael P. Van Alstine
No abstract provided.
The Death Of Good Faith In Treaty Jurisprudence And A Call For Resurrection, Michael P. Van Alstine
The Death Of Good Faith In Treaty Jurisprudence And A Call For Resurrection, Michael P. Van Alstine
Michael P. Van Alstine
This article addresses the absence of the venerable doctrine of good faith interpretation, as well as its companion “liberal interpretation canon,” from modern Supreme Court treaty jurisprudence. Although scholarly accounts suggest that the spirit is still alive, the article demonstrates that the doctrine was silently interred by the Supreme Court early in the last century. From all appearances, the disappearance of good faith from treaty jurisprudence was not by design. Nonetheless, the article demonstrates that even such an unintended drift can have serious negative consequences. In the context of treaty jurisprudence, the consequence of the departure of good faith interpretation …
Executive Aggrandizement In Foreign Affairs Lawmaking, Michael P. Van Alstine
Executive Aggrandizement In Foreign Affairs Lawmaking, Michael P. Van Alstine
Michael P. Van Alstine
This article analyzes the power of the President to create federal law on the foundation of the executive’s status as the constitutional representative of the United States in foreign affairs. Executive branch advocates have claimed such a power throughout constitutional history. Recent events also have revived this constitutional controversy with particular vigor. In specific, President Bush recently issued a surprise “Determination” which asserted that the implied executive powers of Article II of the Constitution permit the President to enforce in domestic law the obligations owed to foreign states under international law. The article first sets the legal and factual context …
Federal Common Law In An Age Of Treaties, Michael P. Van Alstine
Federal Common Law In An Age Of Treaties, Michael P. Van Alstine
Michael P. Van Alstine
In this article Professor Van Alstine explores the interaction between the limitations on the doctrine of federal common law and the power of federal courts to interpret the law within the scope of treaties. The article first reviews the constitutional foundation for the operation of treaties as directly applicable ("self-executing") federal law. It then explains that, notwithstanding the Erie doctrine, federal courts may obtain lawmaking powers from either a delegation by Congress or in certain areas of "uniquely federal interest." Professor Van Alstine then argues that the judicial relationship with self-executing treaty law in principle proceeds from the same source …
Stare Decisis And Foreign Affairs, Michael Van Alstine
Stare Decisis And Foreign Affairs, Michael Van Alstine
Michael P. Van Alstine
This article examines whether the jurisprudential and institutional premises of the doctrine of stare decisis retain their validity in the field of foreign affairs. The proper role of the judicial branch in foreign affairs has provoked substantial scholarly debates—historical, institutional, normative—since the very founding of the republic. Precisely because of the sensitivity of the subject, the Supreme Court itself has both cautioned about the judicial branch’s comparative lack of expertise in the field and recognized a web of deference doctrines designed to protect against improvident judicial action. Notwithstanding all of this, however, neither the Supreme Court nor any scholar has …