International Law in the U.S. Legal System

Author: Curtis A. Bradley

Publisher: Oxford University Press, USA

ISBN: 0190217774

Category: Law

Page: 376

View: 2060

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system within the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley covers all of the principal forms of international law: treaties, 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 foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic (including decisions and events arising out of the war on terrorism), 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.
Posted in Law

Foreign Court Judgments and the United States Legal System

Author: Paul B. Stephan

Publisher: Martinus Nijhoff Publishers

ISBN: 9004278923

Category: Law

Page: 196

View: 2820

Foreign Court Judgments and the United States Legal System, edited by Paul B. Stephan, gathers essays from leading thinkers, scholars and practitioners in international law to address the recognition and enforcement of foreign court judgments in the United States legal system.
Posted in Law

International Law in the U.S. Supreme Court

Author: David L. Sloss,Michael D. Ramsey,William S. Dodge

Publisher: Cambridge University Press

ISBN: 1139497863

Category: Law

Page: N.A

View: 7618

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.
Posted in Law

The Court and the World

American Law and the New Global Realities

Author: Stephen Breyer

Publisher: Vintage

ISBN: 1101912073

Category: Law

Page: 400

View: 9815

"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.
Posted in Law

Supreme Law of the Land?

Debating the Contemporary Effects of Treaties within the United States Legal System

Author: Paul R. Dubinsky,Gregory H. Fox,Brad R. Roth

Publisher: Cambridge University Press

ISBN: 1107066603

Category: Law

Page: 516

View: 8591

How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students.
Posted in Law

Indigenous Peoples' Status in the International Legal System

Author: Mattias Ahren

Publisher: Oxford University Press

ISBN: 0198778198

Category:

Page: 288

View: 5815

While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and'equality' under international law?Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume explains that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right toself-determination and sets out the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This bookoutlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.
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United States Practice in International Law: 2002-2004

Author: Sean D. Murphy

Publisher: Cambridge University Press

ISBN: 9780521750714

Category: Law

Page: 420

View: 4745

First published in 2006, this essential tool for researchers and practitioners captures the international law practice of a global player.
Posted in Law

International Law and Agreements

Their Effect Upon U. S. Law

Author: Michael John Garcia

Publisher: DIANE Publishing

ISBN: 1437930263

Category:

Page: 16

View: 8826

Provides an intro. to the roles that international law and agreements play in the U.S. International law is derived from two primary sources ¿ international agreements (IA) and customary practice. Under the U.S. legal system, IA can be entered into by means of a treaty or an executive agreement. The Constitution allocates primary responsibility for entering into such agreements to the exec. branch, but Congress also plays an essential role. Contents of this report: (1) Intro.; (2) Forms of IA: Treaties; Executive Agreements; Nonlegal Agreements; (3) Effects of IA on U.S. Law; (4) Customary International Law; (5) Reference to Foreign Law by U.S. Courts. This is a print on demand edition of an important, hard-to-find report.
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Law Professors and the Shaping of American Law

Author: Stephen Presser

Publisher: West Academic Publishing

ISBN: 9781634590457

Category:

Page: 502

View: 795

There is no nation in which the teachers of law play a more prominent role than in the United States. In this unique volume Stephen Presser, a law professor for four decades, explains how his colleagues have both furthered and frustrated the American ideals that ours is a government of laws not men, and that our legal system ought to promote justice for all. In a dazzling review of three centuries of teaching about American law, from Blackstone to Barack Obama, Presser shows how these extraordinary men and women shaped not only our law, but also our politics and culture.
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The Hidden History of International Law in the Americas

Empire and Legal Networks

Author: Juan Pablo Scarfi

Publisher: Oxford University Press

ISBN: 0190622342

Category: International law

Page: 280

View: 2755

International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.
Posted in International law

The Individual in the International Legal System

Continuity and Change in International Law

Author: Kate Parlett

Publisher: Cambridge University Press

ISBN: 1139499971

Category: Law

Page: N.A

View: 9570

Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
Posted in Law

International Law in the U.S. Supreme Court

Author: David L. Sloss,Michael D. Ramsey,William S. Dodge

Publisher: Cambridge University Press

ISBN: 1139497863

Category: Law

Page: N.A

View: 5734

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.
Posted in Law

American Law 101

An Easy Primer on the U.S. Legal System

Author: Jasper Kim

Publisher: Amer Bar Assn

ISBN: 9781627228589

Category: Law

Page: 180

View: 7685

This new book offers an approachable user's guide to both the spirit and the letter of the law underlying the U.S. legal system. It provides explanations and examples of most of the concepts covered in law schools explained in plain English, with minimum use of jargon. It also offers copies of the U.S. Constitution and Bill of Rights. It's perfect for anyone who wishes a concise and approachable guide to the U.S. Legal system.
Posted in Law

Participants in the International Legal System

Multiple Perspectives on Non-State Actors in International Law

Author: Jean d'Aspremont

Publisher: Taylor & Francis

ISBN: 1136724931

Category: Law

Page: 496

View: 2348

The book features contributions by renowned scholars each of whom looks at a region, theory or tradition of international law, and considers how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself.
Posted in Law

U. S. Legal Practice Skills for International Law Students

Author: Anne M. Burr,Howard Bromberg

Publisher: N.A

ISBN: 9781611631081

Category: Law

Page: 385

View: 4666

U.S. Legal Practice Skills for International Law Students is ideal for training international law students in the fundamental practice skills utilized by U.S. lawyers. It functions as a ''global legal skills academy'' for international students who have or are currently studying American substantive law, but desire a deeper understanding of legal practice basics such as professional responsibility, problem solving, interviewing and counseling, negotiation styles, and law firm and courtroom culture. It focuses on those practice skills necessary to perform the tasks common to international law students and lawyers working with American corporations, law firms, and individual American clients: drafting memoranda, contracts, and correspondence. For international students familiar with their own legal systems, the book systematically explains such distinctive elements of American common law as a dual court system, stare decisis, case synthesis, and case law reasoning. U.S. Legal Practice Skills for International Law Students incorporates a multicultural perspective, including discussions of cross-cultural considerations impacting the practice of law. The chapters are clear and concise, major points are summarized as bulleted highlights, and extensive use is made of headings and subheadings. Based on established legal skills pedagogy, each chapter begins with a client hypothetical and ends with a discussion of the application of the material to resolve the client's problem. The text also includes an extensive selection of sample documents, a glossary of U.S. legal concepts, a link to past Multistate Practice Tests with the bar examiners' test sheets, and a topically organized appendix of resources. The book reflects the authors' experience as lawyers, as professors of practice skills for international LL.M. students at the University of Michigan Law School, and as the creators and first visiting professors in the legal practice program for the first Western-style law school in China.
Posted in Law

The Future of International Law

Global Government

Author: Joel P. Trachtman

Publisher: Cambridge University Press

ISBN: 1107035899

Category: Law

Page: 302

View: 1525

Draws together the theoretical and practical aspects of international cooperation needs and legal responses in critical areas of international concern.
Posted in Law

Speaking the Law

The Obama Administration's Addresses on National Security Law

Author: Kenneth Anderson,Benjamin Wittes

Publisher: Hoover Institution Press

ISBN: 0817916563

Category: Political Science

Page: 552

View: 5971

When Barack Obama came into office, the strategic landscape facing the United States in its overseas counterterrorism operations was undergoing a shift. Even before the rise of drones necessitated the articulation of legal doctrine, the Obama administration had to explain itself. In Speaking the Law, the authors offer a detailed examination of the speeches of the Obama administration on national security legal issues. Viewed together here for the first time, the authors lay out a broad array of legal and policy positions regarding a large number of principles currently contested at both the domestic and international levels. The book describes what the Obama administration has said about the legal framework in which it is operating with respect to such questions as the nature of the war on terrorism, the use of drones and targeted killings, detention, trial by military commission and in federal courts, and interrogation. The authors analyze this framework, examining the stresses on it and asking where the administration got matters right and where they were wrong. They conclude with suggestions for certain reforms to the framework for the administration and Congress to consider.
Posted in Political Science

Is International Law International?

Author: Anthea Roberts

Publisher: Oxford University Press

ISBN: 0190696419

Category: Law

Page: 432

View: 6177

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
Posted in Law

The International Lawyer's Guide to Legal Analysis and Communication in the United States

Author: Deborah B. McGregor,Cynthia M. Adams

Publisher: Aspen Law & Business

ISBN: N.A

Category: Law

Page: 469

View: 5653

Ideal for teaching international lawyers about the U.S.study of law, this coursebook uses a global perspective to put the basic principles of legal reasoning, writing, and research into context. To effectively teach analysis and communication within the U.S. legal system, the authors present: material that can be easily adapted to a one-semester or two-semester writing course, using a one chapter/one idea concept a building-block approach to legal analysis based on the common law--each chapter focuses on a key concept that builds on what had been covered in the previous chapter tailored topical coverage that includes: a concise introduction to the U.S. legal system, the common law as U.S. precedent, and the anatomy of a U.S. lawsuit practical guidance for law study in the United States, including how to brief a case for class and other suggestions about the law school classroom a special chapter on plagiarism, a particularly troublesome aspect of writing for ESL students instruction on drafting client letters and demand letters, including effective word, phrasing, and structural choices for emphasis an overview of statutory interpretation theories coverage of drafting both fact-based and law-based issue discussions citation rules, including citing to international and online materials chapters on the U.S. approach to drafting contracts, emphasizing international transactions techniques for taking law school examinations engaging examples and exercises a glossary of terms To prepare international lawyers for practice in the U.S. legal system, use the coursebook that employs basic coverage, solid pedagogy, and a multicultural perspective.
Posted in Law