M Milanovic - Duke J. Comp. & Int'l L., 2009 - HeinOnline
Two incontestable features of modern international law-the multiplicity of its law-making processes and the ever-increasing variety of the subject-matter that it seeks to regulate-have …
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 …
Is customary international law federal law or state law? Are these the only choices? One of legal academia's more heated spats in recent years has concerned the domestic status of …
This book describes the constitutional law of foreign affairs, derived from the historical understanding of the Constitution's text. It examines timeless and recurring foreign affairs …
D Jinks, D Sloss - Cornell L. Rev., 2004 - HeinOnline
We have seen the war powers, which are essential to the preservation of the nation in time of war, exercised broadly... in conditions for which they were never intended, and we may …
JO McGinnis, I Somin - Stan. L. Rev., 2006 - HeinOnline
As globalization runs its course, the domestic world is becoming full of international law. One of the mechanisms by which international law penetrates domestic law is largely …
This article argues that the field of" Federal Courts" scholarship ought to expand to consider the relations not just between state and federal courts, but also between domestic courts and …
INTRODUCTION The one-voice doctrine is a mainstay of US foreign relations jurisprudence.'It has appeared in some of the Supreme Court's most prominent foreign …
TA Akinikoff - American Journal of International Law, 2004 - cambridge.org
The preceding contributions to this Agora investigate the discernible trend in Supreme Court decisions of citing international legal materials in support of a conclusion about domestic …