The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime.
The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Anthony J. Bellia Jr. is the O'Toole Professor of Constitutional Law and a Concurrent Professor of Political Science at the University of Notre Dame. He specializes in the teaching and research of constitutional law, federal courts, federalism, legal history, procedure, and contracts. He is the founding director of the Notre Dame Program on Constitutional Structure and a member of the American Law Institute (ALI). His published work includes many law review articles and the book Federalism. After receiving his J.D. from Notre Dame Law School, he clerked for Judge William M. Skretny of the United States District Court for the Western District of New York, Judge Diarmuid F. O'Scannlain of the United States Court of Appeals for the Ninth Circuit, and Associate Justice Antonin Scalia of the Supreme Court of the United States. Bradford R. Clark is the William Cranch Research Professor of Law at George Washington University Law School. He specializes in the teaching and writing in areas of civil procedure, constitutional structure, federal courts, and foreign relations. His published scholarship includes a chapter in Pre-Emption Choice (2009) and articles in California Law Review, Columbia Law Review, Harvard Law Review, Texas Law Review, University of Chicago Law Review, University of Pennsylvania Law Review, and Virginia Law Review. He holds a JD from Columbia University School of Law, and he clerked for The Honorable Robert H. Bork of the U.S. Court of Appeals for the D.C. Circuit, and for The Honorable Antonin Scalia of the Supreme Court of the United States.
Inhaltsangabe
Acknowledgments Introduction Part I -- The Traditional Law of Nations and the Constitution 1. The Law of Nations and the Constitution 2. The Law Merchant and the Constitution 3. The Law of State-State Relations and the Constitution 4. The Law of State-State Relations in Federal Courts 5. The Law Maritime and the Constitution Part II -- Modern Customary International Law and the Constitution 6. Modern Customary International Law 7. The Inadequacy of Existing Theories of Customary International Law and the Constitution Part III -- Enforcement of Customary International Law in U.S. Courts 8. Judicial Enforcement of Customary International Law Against Foreign Nations 9. Judicial Enforcement of Customary International Law Against the United States 10. Judicial Enforcement of Customary International Law Against U.S. States Conclusion Index
Acknowledgments Introduction Part I -- The Traditional Law of Nations and the Constitution 1. The Law of Nations and the Constitution 2. The Law Merchant and the Constitution 3. The Law of State-State Relations and the Constitution 4. The Law of State-State Relations in Federal Courts 5. The Law Maritime and the Constitution Part II -- Modern Customary International Law and the Constitution 6. Modern Customary International Law 7. The Inadequacy of Existing Theories of Customary International Law and the Constitution Part III -- Enforcement of Customary International Law in U.S. Courts 8. Judicial Enforcement of Customary International Law Against Foreign Nations 9. Judicial Enforcement of Customary International Law Against the United States 10. Judicial Enforcement of Customary International Law Against U.S. States Conclusion Index
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