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Zivotofsky Ii's Two Visions For Foreign Relations Law, Harlan G. Cohen
Zivotofsky Ii's Two Visions For Foreign Relations Law, Harlan G. Cohen
Scholarly Works
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
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 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, …
The Ndaa, Aumf, And Citizens Detained Away From The Theater Of War: Sounding A Clarion Call For A Clear Statement Rule, Diana Cho
Loyola of Los Angeles Law Review
In the armed conflict resulting from the September 11 attacks, the executive authority to order the indefinite detention of citizens captured away from the theater of war is an issue of foreign and domestic significance. The relevant law of armed conflict provisions relevant to conflicts that are international or non-international in nature, however, do not fully address this issue. Congress also intentionally left the question of administrative orders of citizen detainment unresolved in a controversial provision of the 2012 version of the annually-enacted National Defense Authorization Act. While plaintiffs in Hedges v. Obama sought to challenge the enforceability of NDAA’s …
Law Of War Developments Issue Introduction, David Glazier
Law Of War Developments Issue Introduction, David Glazier
Loyola of Los Angeles Law Review
No abstract provided.
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 …