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Full-Text Articles in Law

Nato Action Unwisely Undercuts U.N., C. Peter Erlinder Apr 1999

Nato Action Unwisely Undercuts U.N., C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt Feb 1999

International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.


U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown Dec 1998

U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown

Bartram Brown

No abstract provided.


Globalism And The Constitution: Treaties, Non-Self-Execution, And The Original Understanding, John C. Yoo Dec 1998

Globalism And The Constitution: Treaties, Non-Self-Execution, And The Original Understanding, John C. Yoo

John C Yoo

As the globalization of society and the economy accelerates, treaties will come to assume a significant role in the regulation of domestic affairs. This Article considers whether the Constitution, as originally understood, permits treaties to directly regulate the conduct of private parties without legislative implementation. It examines the relationship between the treaty power and the legislative power during the colonial, revolutionary, Framing, and early national periods to reconstruct the Framers’ understandings. It concludes that the Framers believed that treaties could not exercise domestic legislative power without the consent of Congress, because of the Constitution’s creation of a national legislature that …


Treaties And Public Lawmaking: A Textual And Structural Defense Of Non-Self-Execution, John C. Yoo Dec 1998

Treaties And Public Lawmaking: A Textual And Structural Defense Of Non-Self-Execution, John C. Yoo

John C Yoo

This Rejoinder responds to Professors Flaherty and Vazquez by advancing textual and structural constitutional arguments in defense of the doctrine of non-self-executing treaties. It first responds by raising several historical and contextual problems with Professor Flaherty’s Response. It then argues that requiring congressional implementation of treaties that regulate matters within Congress’s Article I, Section 8 powers respects the Constitution’s basic separation of the legislative and executive powers. This approach also ensures that treaties, which are asserted to be free from the Constitution’s federalism and the separation of powers limitations, will not assume an unbounded legislative power, and it promotes the …


Introduction To The Panel On "Preventing Asian Type Crises: Who, If Anyone, Should Have Jurisdiction Over Capital Movements?", Cynthia C. Lichtenstein Dec 1998

Introduction To The Panel On "Preventing Asian Type Crises: Who, If Anyone, Should Have Jurisdiction Over Capital Movements?", Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.


Foreword: Proceedings Of The Seminar On International Treaties And Constitutional Systems Of The United States, Mexico And Canada: Laboring In The Shadow Of Regional Integration, Marley S. Weiss Dec 1998

Foreword: Proceedings Of The Seminar On International Treaties And Constitutional Systems Of The United States, Mexico And Canada: Laboring In The Shadow Of Regional Integration, Marley S. Weiss

Marley S. Weiss

No abstract provided.