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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Academic debates about the status of customary international law (CIL) have largely ignored an important aspect of the question: the presidential power to interpret CIL.
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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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Introduction to AEI's "Outsourcing American Law" working paper series.
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Emerging United States-China Military Competition
By Larry M. Wortzel
|
AEI Online
Wednesday, October 17, 2007
According to rarely viewed Chinese-language sources, the People's Republic of Chinais ramping up the technology and legal justifications needed for space warfare.
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Sunday, November 22, 2009
