Law Commons^™

Foreign Affairs Federalism And The Limits On Executive Power, Zachary D. Clopton

Michigan Law Review First Impressions

On February 23 of this year, the Ninth Circuit Court of Appeals invalidated a California statute permitting victims of the Armenian genocide to file insurance claims, finding that the state's use of the label "Genocide" intruded on the federal government's conduct of foreign affairs. This decision, Movsesian v. Versicherung AG, addresses foreign affairs federalism—the division of authority between the states and the federal government. Just one month later, the Supreme Court weighed in on another foreign affairs issue: the separation of foreign relations powers within the federal government. In Zivotofsky v. Clinton, the Supreme Court ordered the lower courts to …

Movsesian V. Victoria Vericherung And The Scope Of The President's Foreign Affairs Power To Preempt Words, Cindy Galway Buys, Grant Gorman

Northern Illinois University Law Review

This article addresses the continuing struggle of the federal courts to define the scope of the federal government’s foreign affairs power to preempt state law. Recently, the Ninth Circuit Court of Appeals did an about face in Movsesian v. Victoria Versicherung, which involved a claim that a California statute using the phrase “Armenian Genocide” is preempted by a few informal nonbinding statements of executive policy made to Congress objecting to the use of those words in Congressional resolutions. In Movsesian I, the Ninth Circuit found the California statute preempted in a decision that would have expanded the federal government’s foreign …

You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan

Donald J. Kochan

With nonviolent revolution in particular, displaced governments leave a power and governance vacuum waiting to be filled. Such vacuums are particularly susceptible to what this Article will call “strategic ideological cooptation.” Following the regime disruption, peaceful chaos transitions into a period in which it is necessary to structure and order the emergent governance scheme. That period in which the new government scheme emerges is particularly fraught with danger when growing from peaceful chaos because nonviolent revolutions tend to be decentralized, unorganized, unsophisticated, and particularly vulnerable to cooptation. Any external power wishing to influence events in societies emerging out of peaceful …

Reasserting Its Constitutional Role: Congress's Power To Independently Terminate A Treaty, David (Dj) C. Wolff

David (Dj) C. Wolff

Who has the authority to terminate a treaty? The Constitution’s text is silent on the matter and historical precedent has been anything but consistent. Recently, the debate has focused on whether the President can unilaterally terminate a treaty without considering Congressional concerns: witness President Carter’s termination of the 1954 Mutual Defense Treaty with Taiwan and President Bush’s 2001 termination of the Anti-Ballistic Missile Treaty with Russia. There has been comparatively little analysis of the converse question; does Congress have the unilateral power to terminate a treaty in the face of Presidential opposition? This question invokes strong separation of powers considerations; …

Introduction: Center On Human International Commercial Arbitration Symposium: Salient Issues In International Commercial Arbitration, Horacio A Grigera Naon

American University International Law Review

No abstract provided.

Rebellious State Crimmigration Enforcement And The Foreign Affairs Power, Mary Fan

Articles

The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These laws typically incorporate federal standards related to the criminalization of immigration ("crimmigration'), but diverge aggressively from federal enforcement policy. Enacting states argue that the legislation is merely a species of "cooperative federalism" that does not trespass upon the federal power over foreign affairs, foreign commerce, and nationality rules since the laws mirror federal standards. This Article challenges the formalist mirror theory assumptions behind the new laws and argues that inconsistent state crimmigration enforcement policy and resulting …

War Powers, Foreign Affairs, And The Courts: Some Institutional Considerations, Jonathan L. Entin

Case Western Reserve Journal of International Law

No abstract provided.

Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure

Scholarly Works

The Armenian Genocide during the waning days of the Ottoman Empire continues to represent one of history’s underappreciated atrocities. Comparatively few people even know about the 1.5 million deaths or the government-sponsored extermination attempt that provided Hitler with a blueprint for the Nazi Holocaust. Unlike the Holocaust, however, there was never any accounting demanded of those responsible for the Armenian Genocide. In the aftermath of both tragedies, insurers seized upon the resulting disarray and victimization to deny life insurance benefits owed as a result of the killings. American-based litigation to vindicate rights under the Armenian polices faced substantial legal and …

Foreword: Presidential Power And Foreign Affairs., Michael P. Scharf, Brittany Pizor

Case Western Reserve Journal of International Law

No abstract provided.

The Forgotten History Of Foreign Official Immunity, Chimene I. Keitner

Chimene I Keitner