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International Law and Sovereignty
Justice Antonin Scalia on the use of foreign law in American judicial opinions.
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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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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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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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Congress should use its constitutional authority to create a new National Security Court.
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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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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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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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Introduction to AEI's "Outsourcing American Law" working paper series.
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President Obama's passivity before the threatened foreign prosecution of Bush administration officials achieves by inaction what he fears doing directly.
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Saturday, November 21, 2009
