International Law in the U.S. Supreme Court

ISBN-13: 9780521119566 / Angielski / Twarda / 2011 / 656 str.

California) David L. Sloss (Santa Clara University;Michael D. Ramsey (University of San Diego School of Law);William S. Dodge

Opis

From its earliest decisions in the 1790s, the U.S. 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 the Court's inception to the present day. Addressing treaties, the direct application of customary international law, and the use of international law as an interpretive tool, the 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 was 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.

Spis treści

Part I. From the Founding to the Civil War: 1. International law in the Supreme Court, 1789–1860 David L. Sloss, Michael D. Ramsey and William S. Dodge; Part II. From the Civil War to the Turn of the Century: 2. Treaties in the Supreme Court, 1861–1900 Duncan B. Hollis; 3. Customary international law in the Supreme Court, 1861–1900 David J. Bederman; 4. International law as an interpretive tool in the Supreme Court, 1861–1900 Thomas H. Lee and David L. Sloss; 5. A social history of international law: historical commentary, 1861–1900 John Fabian Witt; Part III. From the Turn of the Century to World War II: 6. Treaties in the Supreme Court, 1901–45 Michael P. Van Alstine; 7. Customary international law in the Supreme Court, 1901–45 Michael D. Ramsey; 8. International law as an interpretive tool in the Supreme Court, 1901–45 Roger P. Alford; 9. Varieties and complexities of doctrinal change: historical commentary, 1901–45 Edward A. Purcell, Jr; Part IV. From World War II to the New Millenium: 10. Treaties in the Supreme Court, 1946–2000 Paul B. Stephan; 11. Customary international law in the Supreme Court, 1946–2000 William S. Dodge; 12. International law as an interpretive tool in the Supreme Court, 1946–2000 Melissa A. Waters; 13. Global power in an age of rights: historical commentary, 1946–2000 Martin S. Flaherty; Part V. International Law in the US Supreme Court in the Twenty-First Century: 14. Medellin and Sanchez-Llamas: treaties from John Jay to John Roberts Lori F. Damrosch; 15. Sosa and the derivation of customary international law John O. McGinnis; 16. International law and constitutional interpretation in the twenty-first century: change and continuity Mark Tushnet; 17. Empagran's empire: international law and statutory interpretation in the US Supreme Court of the twenty-first century Ralf Michaels; 18. The Supreme Court, the war on terror, and the American just war constitutional tradition David Golove.