International Law In The U S Supreme Court

International Law In The U S Supreme Court

International Law In The U S Supreme Court

From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

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Product Details:

Genre : Law
Author : David L. Sloss
Publisher : Cambridge University Press
Release : 2011-04-25
Total Pages : Pages
ISBN : 9781139497862


International Law In The U S Supreme Court

International Law In The U S Supreme Court

From its earliest decisions in the 1790s, the U.S. Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law, and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century was a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

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Product Details:

Genre : Law
Author : David L. Sloss
Publisher : Cambridge University Press
Release : 2011-04-25
Total Pages : 656 Pages
ISBN : 0521119561


International Law And United States Law

International Law And United States Law

Public international law is a system of binding obligations in international relations. This accessible volume identifies, explains, and justifies the generally accepted role of public international law in the application of United States law by United States courts. It rejects the trendy idea of international law as a sort of "super-constitution" that "controls" the President or Congress; it also rejects the opposite extreme, that international law is no more than a policy consideration for the courts to consider. The middle position is justified by a careful balancing of two important national interests: constitutional separation of powers, and the ability of the United States to benefit from international law. "International law and United States law" is descriptive with respect to the overarching principles of public international law and US constitutional law, yet critical with respect to applications of (and failures to apply) public international law in specific cases. This authoritative work is an invaluable tool for judges and lawyers who rarely encounter international law, and also for students and others interested in the role of international law.

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Product Details:

Genre : Law
Author : John Marshall Rogers
Publisher : Ashgate Pub Limited
Release : 1999
Total Pages : 254 Pages
ISBN : UOM:39015048741220


International Law

International Law

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Product Details:

Genre : International and municipal law
Author : David J. Bederman
Publisher :
Release : 2003
Total Pages : 145 Pages
ISBN : STANFORD:36105063696392


The Court And The World

The Court And The World

"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.

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Product Details:

Genre : International and municipal law
Author : Stephen Breyer
Publisher : Vintage
Release : 2016-08
Total Pages : 400 Pages
ISBN : 9781101912072


International Law In The U S Supreme Court

International Law In The U S Supreme Court

"This book presents a comprehensive account of the Supreme Court's use of international law from the 1790s to the present. The book does not address every passing reference to international law, but it covers all the lines of cases in which international law has played a material role. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago. This book also provides and account of what changed in the Supreme Court's international law doctrine, and when those changes occured"--

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Product Details:

Genre : International and municipal law
Author : David L. Sloss
Publisher :
Release : 2014-05-14
Total Pages : 656 Pages
ISBN : 1139077546


The Law Of Nations And The United States Constitution

The Law Of Nations And The United States Constitution

The law of nations and the Constitution -- The law merchant and the Constitution -- The law of state-state relations and the Constitution -- The law of state-state relations in federal courts -- The law maritime and the Constitution -- Modern customary international law -- The inadequacy of existing theories of customary -- Judicial enforcement of customary international law against foreign nations -- Judicial enforcement of customary international law against the United States -- Judicial enforcement of customary international law against U.S. states

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Product Details:

Genre : Constitutional law
Author : Anthony J. Bellia (Jr)
Publisher : Oxford University Press
Release : 2017
Total Pages : 288 Pages
ISBN : 9780199841257


Challenging Human Rights Violations

Challenging Human Rights Violations

Published under a Rights International project assisting US human rights advocates apply international human rights laws to violations in the US, this volume makes the case that international law is not foreign to US law. Martin (U. of Saskatchewan College of Law), the founder and president of Rights International, provides in-depth coverage of the sources and authority of international law, including treaties to which the US is a party; and applications of international law to human rights violations in the US and aboard (e.g., gay and lesbian rights, extraterritorial rights protection, compensation for unintentional false imprisonment). Includes a chart summarizing sources for providing private cause of action for international law claims, and a table of authorities. Annotation copyrighted by Book News, Inc., Portland, OR.

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Product Details:

Genre : Law
Author : Francisco Forrest Martin
Publisher : Brill - Nijhoff
Release : 2001
Total Pages : 273 Pages
ISBN : STANFORD:36105060783516


American Private International Law

American Private International Law

This book was originally published as a monograph in the International Encyclopaedia of Laws/Private International Law.

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Product Details:

Genre : Law
Author : Symeon Symeonides
Publisher : Kluwer Law International B.V.
Release : 2008-01-01
Total Pages : 368 Pages
ISBN : 9789041127426


International Law In The Us Legal System

International Law In The Us Legal System

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

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Product Details:

Genre : Law
Author : Curtis A. Bradley
Publisher : Oxford University Press
Release : 2020-12-01
Total Pages : 376 Pages
ISBN : 9780197525630