This paper, a chapter in a forthcoming book on International Law and the Supreme Court, examines the treaty decisions of the Court during the postwar era, up until the second Bush Administration. Three patterns stand in the many (roughly 130) decisions. First, the Court acted as if the immediately preceding period – the New Deal, then the War – created a sharp break with the past, freeing the Court to address many questions as novel rather than rooted in settled practice. Second, the Court largely resisted the invocation of treaties as authority contradicting congressional statutes and executive practice regarding matters of public law, but gave greater effect to treaties that addressed what the Court perceived as matters of private interest – disputes over property ownership, contract enforcement, and liability for torts. Third, the Court did invoke treaty-based rules in cases where it perceived the desire of Congress and the President to draw on international law to fill out the meaning of particular statutes.
En række amerikanske præsidentkandidater og kongresmedlemmer er i de sidste år begyndt at argumentere for, at USA burde lancere militære angreb mod...
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In this article, we examine the relations between risk, the choice of foreign or local contract terms (parameters), and maturity in the sovereign debt...
In this article, we examine the relations between risk, the choice of foreign or local contract terms (parameters), and maturity in the sovereign debt...
At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced...
Both theorists and courts commonly assume that high-dollar financial contracts between sophisticated parties are free of linguistic errors...
At the inception of a new and potentially transformative type of tax enforcement, this Article reviews the goals underlying the prohibition on state...
Since Russia invaded Ukraine in 2022, the United States and its allies have searched for the best way to express their horror and dismay. At the level...
Ethnographic approaches are not as widely practiced among constitutional scholars as they probably should be. Some may harbor perfectly reasonable...
This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the...
The knowledge economy, a seeming wonder for the world, has caused unintended harms that threaten peace and prosperity and undo international...
National security review of corporate transactions has long been a relatively sleepy corner of regulatory policy. But as governments merge economic...