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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …