Substantive Canons and Faithful Agency

AC Barrett - BUL Rev., 2010 - HeinOnline
Federal courts have long employed substantive canons of construction to interpret federal
statutes. Some substantive canons express a rule of thumb for choosing between equally …

A civilized nation: the early American Constitution, the law of nations, and the pursuit of international recognition

DM Golove, DJ Hulsebosch - NYUL Rev., 2010 - HeinOnline
This Article argues, contrary to conventional accounts, that the animating purpose of the
American Constitution was to facilitate the admission of the new nation into the European …

International human rights in a nutshell

T Buergenthal, DL Shelton… - … , Dinah Shelton & David P …, 2009 - papers.ssrn.com
This book describes the development of international human rights law. The main difference
today is that individuals receive protection as individuals independent from their affiliation …

Withdrawing from international custom

CA Bradley, M Gulati - Yale lj, 2010 - HeinOnline
Treaties are negotiated, usually written down, and often subject to cumbersome domestic
ratification processes. Nonetheless, nations often have the right to withdraw unilaterally from …

Constitutional Backdrops

SE Sachs - Geo. Wash. L. Rev., 2011 - HeinOnline
The Constitution is often said to leave important questions unanswered. These include, for
example, the existence of a congressional contempt power or an executive removal power …

The Alien Tort statute and the law of Nations

AJ Bellia Jr, BR Clark - U. Chi. l. reV., 2011 - HeinOnline
Although courts and commentators have offered a wide range of theories regarding the
Alien Tort Statute'(ATS), the original meaning of the statute has remained elusive. As …

Supremacy Clause Textualism

HP Monaghan - Colum. L. Rev., 2010 - HeinOnline
Whatever its status in the statutory interpretation" wars," originalismdriven textualism has
assumed an increasingly prominent role in constitutional interpretation, at least within the …

The Guarantee Clause

RC Williams - Harv. L. Rev., 2018 - HeinOnline
In 1867, Senator Charles Sumner famously likened the Article IV Guarantee Clause to" a
sleeping giant in the Constitution." 1 Nearly a century and a half later, and despite persistent …

Public choice theory and occupational licensing

PJ Larkin Jr - Harv. JL & Pub. Pol'y, 2016 - HeinOnline
Ask someone to identify the principal growth industries in America, and you are likely to hear
responses such as software development, cybersecurity, the home health care industry …

The International Law Origins of American Federalism

AJ Bellia, BR Clark - Columbia Law Review, 2020 - JSTOR
Courts and commentators have long struggled to reconcile prominent federalism doctrines
with the text of the Constitution. These doctrines include state sovereign immunity, the …