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Full-Text Articles in Construction Law

Formalism And Distrust: Foreign Affairs Law In The Roberts Court, Harlan G. Cohen May 2015

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, …


Formalism And Distrust: Foreign Affairs Law In The Roberts Court, Harlan G. Cohen Jan 2015

Formalism And Distrust: Foreign Affairs Law In The Roberts Court, Harlan G. Cohen

Faculty Scholarship

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 …


The Dubious Upgrade Of International Development Contracts, Gabriel Swiney May 2007

The Dubious Upgrade Of International Development Contracts, Gabriel Swiney

Brigham Young University International Law & Management Review

No abstract provided.


Participatory Constitution Making In Post-Conflict States, Angela M. Banks Jan 2007

Participatory Constitution Making In Post-Conflict States, Angela M. Banks

Faculty Publications

No abstract provided.


Pluralistic Deficit And Direct Claims To European Constitutional Courts, Serena Baldin Jul 2005

Pluralistic Deficit And Direct Claims To European Constitutional Courts, Serena Baldin

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.