Foreign Relations Law: Cases and Materials, Third Edition / Edition 3

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Overview

Using a thoughtful, balanced mix of cases and non-case materials, including statutes, treaties, and Executive Branch pronouncements, Foreign Relations Law: Cases and Materials, Third Edition, examines the constitutional and statutory law that governs contemporary U.S. foreign relations. Thoroughly updated, this casebook provides students with an in-depth assessment of foreign policy issues as well as the relation of international matters to U.S. law.

Among the qualities that make this casebook such a valuable resource:

  • wide-ranging coverage of contemporary foreign relations law controversies , such as:
    • the scope of the President’s war powers, including the President’s powers in the war on terrorism
    • the relationship between national foreign affairs powers, including the treaty power, and structural principles of federalism and separation of powers
    • the validity of executive agreements
    • the status of customary international law in the U.S. legal system, including its role in international human rights litigation in U.S. courts
    • judicial reliance on foreign and international materials to interpret the Constitution
    • extraterritorial application of federal law
  • cohesive theoretical framework that makes clear:
    • the increasingly important intersection between international law and U.S. domestic law
    • the importance of constitutional structure in regulating foreign affairs
    • the relevance of history to modern affairs controversies
    • the ways the constitutional law of foreign affairs is often developed outside the courts
    • the significance of the increasingly blurred line between domestic and foreign affairs
  • Extensive Notes and Questions for each topic, including rich discussions of historical background, other relevant cases, and academic debates

In addition to updated notes and background materials, the Third Edition features:

  • a new chapter devoted to the War on Terrorism
  • excerpts of recent War on Terrorism decisions, including Hamdan v. Rumsfeld and Boumediene v. Bush
  • coverage of developments in the War on Terrorism, including developments relating to interrogation, detention, rendition, and surveillance
  • discussion of statutory changes relating to terrorism, including the Military Commissions Act, the Sudan Accountability and Divestment Act, and amendments to the Foreign Sovereign Immunities Act
  • excerpts of the consular notice decisions Sanchez-Llamas v. Oregon and Medellin v. Texas, which address the domestic status of an international decision and the authority of the President to enforce such a decision
  • coverage of recent decisions brought under the Alien Tort Statute, including the South African Apartheid Case

Take advantage of the expertise and experience of Curtis A. Bradley and Jack L. Goldsmith. Foreign Relations Law: Cases and Materials, Third Edition , is the ideal casebook for serious study of U.S. affairs abroad.

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Product Details

  • ISBN-13: 9780735578548
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 12/4/2008
  • Edition description: Older Edition
  • Edition number: 3
  • Pages: 810
  • Product dimensions: 7.20 (w) x 10.20 (h) x 1.70 (d)

Table of Contents

Preface
Acknowledgments
Editorial Notice
Overview of International Law and Institutions
Ch. 1 Introduction: Historical and Conceptual Foundations 1
A Constitutional Background 1
1 Declaration of Independence 2
2 Articles of Confederation 4
3 United States Constitution 7
B Neutrality Controversy of 1793 12
C Nature of U.S. Foreign Relations Authority 25
Ch. 2 Courts and Foreign Relations 39
A Jurisdiction over Foreign Relations Cases 39
B Justiciability: Standing, Ripeness, Mootness 41
C Political Question Doctrine 47
D Act of State Doctrine 60
1 The Sabbatino Decision 61
2 Limitations and Exceptions 74
E Judicial Deference to the Executive Branch 91
Ch. 3 Congress and the President in Foreign Relations 107
A Sources of Congressional Power 108
B Sources of Executive Power 125
C Relationship Between Congress and the President 141
Ch. 4 War Powers 161
A Historical Background 161
B Congress's Power to Declare of War 168
C The President's Military Powers 184
D War Powers Resolution 198
E Collective Uses of Force 213
1 The United Nations Charter, Collective Security, and the Korean War 214
2 NATO, Collective Self-Defense, and the Kosovo Bombing 217
F Military Commissions 225
G War and Individual Liberties 246
Ch. 5 States and Foreign Relations 275
A Statutory Preemption 276
B Treaty Preemption 293
C Dormant Preemption 300
D Federal Common Law of Foreign Relations 321
Ch. 6 Treaties and Other International Agreements 337
A Self-Execution 339
B Last-in-Time Rule 348
C Separation of Powers and Delegation Limitations 359
1 Relationship with Congress's Power 359
2 Delegation of Authority to International Institutions 365
D Federalism Limitations? 373
E Conditional Consent 385
F Subject Matter Limitations? 399
G Executive Agreements 409
1 Congressional-Executive Agreements 409
2 Sole Executive Agreements 421
Ch. 7 Customary International Law 427
A "Part of Our Law" 427
B The Alien Tort Statute and Torture Victim Protection Act 443
C Recent Issues in International Human Rights Litigation 465
D The Charming Betsy Canon 483
Ch. 8 Extraterritoriality 495
A The Constitution Abroad 495
B Federal Statutes Abroad 511
1 Presumption Against Extraterritoriality 511
2 International Law of Prescriptive Jurisdiction 529
C Extradition 537
D Extraterritorial Abduction 558
Ch. 9 Foreign Sovereign Immunity 571
A Historical Background 571
B Overview of the Foreign Sovereign Immunities Act 577
C Commercial Activity Exception 585
D Noncommercial Tort Exception 600
E International Law Exception? 610
F State Sponsors of Terrorism 622
G Immunity of Foreign Officials and Heads of State 635
H Diplomatic and Other Immunities 651
App. A Constitution of the United States 659
App. B Select Jurisdictional Provisions 677
App. C Foreign Sovereign Immunities Act 681
Table of Cases 691
Index 701
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