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International Law in the U.S. Supreme Court

$184.99

David L. Sloss, Michael D. Ramsey, William S. Dodge, Duncan B. Hollis, David J. Bederman, Thomas H. Lee, John Fabian Witt, Michael P. Van Alstine, Roger P. Alford, Edward A. Purcell, Jr, Paul B. Stephan, Melissa A. Waters, Martin S. Flaherty, Lori F. Damrosch, John O. McGinnis, Mark Tushnet, Ralf Michaels, David Golove
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  • Date Published: April 2011
  • availability: In stock
  • format: Hardback
  • isbn: 9780521119566

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About the Authors
  • 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.

    • The only book to give a comprehensive account of the U.S. Supreme Court's use of international law over two centuries of Supreme Court history
    • Provides an account of what changed in the U.S. Supreme Court's international law doctrines and when those changes occurred
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    Product details

    • Date Published: April 2011
    • format: Hardback
    • isbn: 9780521119566
    • length: 654 pages
    • dimensions: 260 x 187 x 35 mm
    • weight: 1.28kg
    • availability: In stock
  • Table of Contents

    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, 1901–1945 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 U.S. 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 U.S. 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.

  • Editors

    David L. Sloss, Santa Clara University, California
    David L. Sloss is Professor of Law at Santa Clara University School of Law, where he serves as Director of the Center for Global Law and Policy. He is the editor of The Role of Domestic Courts in Treaty Enforcement: A Comparative Study (2009). He has published numerous articles on the history of U.S. foreign affairs law and the judicial enforcement of treaties in U.S. courts.

    Michael D. Ramsey, University of San Diego School of Law
    Michael D. Ramsey is Professor of Law at the University of San Diego School of Law. He is the author of The Constitution's Text in Foreign Affairs (2007) and of numerous articles examining the foreign affairs aspects of the U.S. Constitution in the founding era.

    William S. Dodge, University of California, Hastings College of Law
    William S. Dodge is Professor of Law at the University of California, Hastings College of the Law. He is coauthor (with Detlev Vagts and Harold Koh) of Transnational Business Problems, 4th edition (2008) and has written extensively on the history of international law in American courts and on statutory interpretation in the international context.

    Contributors

    David L. Sloss, Michael D. Ramsey, William S. Dodge, Duncan B. Hollis, David J. Bederman, Thomas H. Lee, John Fabian Witt, Michael P. Van Alstine, Roger P. Alford, Edward A. Purcell, Jr, Paul B. Stephan, Melissa A. Waters, Martin S. Flaherty, Lori F. Damrosch, John O. McGinnis, Mark Tushnet, Ralf Michaels, David Golove

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