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PAPERS
&
STUDIES
in Supreme Court and Constitutional Law
By John Yoo
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AEI Working Paper
Thursday, August 20, 2009
There is growing pressure toward the use of international and foreign law in the United States. Why have these issues arisen now, and what might their consequences be?
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By John Yoo
, Robert J. Delahunty
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AEI Working Paper
Thursday, August 20, 2009
This working paper makes five observations regarding the Supreme Court's practice of relying upon foreign and international decisions for support of its constitutional rulings.
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Those who fiercely oppose--or staunchly support--the use of foreign law in American judicial decisions assume an answer to a more domestic threshold question: the meaning of our own Constitution.
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Congress should use its constitutional authority to create a new National Security Court.
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The debate over the status of customary international law is dominated by two positions: the modern position view and the revisionist view. This working paper demonstrates that Sosa endorsed the revisionist perspective.
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In Sosa v. Alvarez-Machain, the Supreme Court of the United States addressed the scope of the Alien Tort Statute.
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Justice Antonin Scalia on the use of foreign law in American judicial opinions.
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This public opinion study looks broadly at confidence in the Court, views of the Court today, knowledge of current Justices, and the kind of nominee people say they would like to see.
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Mega-Trends: The Shifting Dynamic of the Court
This issue covers the Roberts Court, Sarbanes-Oxley, and more.
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Breaking News: Anthony Kennedy Rebels, Jettisons Much of the Rehnquist/Roberts Jurisprudence
This issue covers recent Supreme Court decisions, Congressional appropriations, and more.
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