Treaties as Law of the Land: The Supremacy Clause and the judicial enforcement of treaties

CM Vázquez - Harv. L. Rev., 2008 - HeinOnline
Treaties are being invoked increasingly in the courts, both in cases connected to the" war on
terror"'and in cases that would not otherwise be regarded as particularly international in …

Sosa, customary international law, and the continuing relevance of Erie

CA Bradley, JL Goldsmith, DH Moore - Harv. L. Rev., 2006 - HeinOnline
This Article analyzes the Supreme Court's 2004 decision in Sosa v. Alvarez-Machain against
the backdrop of the post-Erie federal common law. The Article shows that, contrary to the …

Intent, Presumptions, and Non-Self-Executing Treaties

CA Bradley - American Journal of International Law, 2008 - cambridge.org
Ever since the Supreme Court's 1829 decision in Foster v. Neilson, it has been settled that
some treaties ratified by the United States are “non-self-executing” and thus are not …

Khulumani v. Barclay Nat. Bank Ltd.

504 F. 3d 254 - Court of Appeals, 2nd Circuit, 2007 - Google 学术搜索
KHULUMANI v. BARCLAY NAT. BANK LTD. 504 F.3d 254 (2007) Sakwe Balintulo
KHULUMANI, as personal representative of Saba Balintulo, Fanekaya Dabula, as personal …

[图书][B] International law in the US legal system

CA Bradley - 2020 - books.google.com
International Law in the US Legal System provides a wide-ranging overview of how
international law intersects with the domestic legal system of the United States, and points …

The Original Source of the Cause of Action in Federal Courts: The Example of the Alien Tort Statute

AJ Bellia Jr, BR Clark - Va. L. Rev., 2015 - HeinOnline
F EDERAL common law causes of action-actions created neither by Congress nor by state
law-have long generated debate among judges and scholars. In Erie Railroad Co. v …

Universal jurisdiction, the Alien Tort Statute, and transnational public-law litigation after Kiobel

EA Young - Duke LJ, 2014 - HeinOnline
ABSTRACT The Alien Tort Statute (ATS), enacted in 1789 as part of the first Judiciary Act,
provides that"[the district courts shall have original jurisdiction of any civil action by an alien …

Sarei v. Rio Tinto, PLC

550 F. 3d 822 - Court of Appeals, 9th Circuit, 2008 - Google 学术搜索
SAREI v. RIO TINTO, PLC 550 F.3d 822 (2008) Alexis Holyweek SAREI; Paul E. Nerau;
Thomas Tamausi; Phillip Miriori; Gregory Kopa; Methodius Nesiko; Aloysius Moses; Rapheal …

Self-execution and treaty duality

CA Bradley - The Supreme Court Review, 2008 - journals.uchicago.edu
Pursuant to Article II of the Constitution, the President has the power to make treaties with
the advice and consent of two-thirds of the Senate, and these treaties uncontroversially …

Medellín's New Paradigm for Treaty Interpretation

DJ Bederman - American Journal of International Law, 2008 - cambridge.org
Much of the scholarly attention given to the US Supreme Court's March 2008 decision in
Medellín v. Texas has focused on the Court's supposed ruling as to the presumptive nonself …