Foreign Relations Law: Cases and Materials

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Aspen Publishers, Jan 1, 2006 - Law - 726 pages
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Your next course in foreign relations law can be as riveting as tomorrow's headlines when you adopt this timely revision. FOREIGN RELATIONS LAW: Cases and Materials, Second Edition, provides an up-to-the-minute examination of the constitutional and statutory law that regulates the conduct of contemporary U.S. foreign relations.The book features extensive coverage of current controversies, such as:the scope of the President's war powers, including his powers in the war on terrorismthe relationship between national foreign affairs powers, including the treaty power, and structural principles of federalism and separation of powersthe validity of executive agreementsthe status of customary international law in the U.S. legal system, including its role in international human rights litigation in U.S. courtsjudicial reliance on foreign and international materials to interpret the Constitutionthe relationship between international tribunals and U.S. decisionmaking structures, including issues of delegation of authority and international comity
extraterritorial application of federal law
The authors stimulate understanding through:
a mix of leading cases and non-case materials, such as excerpts of statutes, treaties, and Executive Branch pronouncementsabundant notes and questions for each topic, including rich discussions of historical background, other relevant cases, and academic debates
a cohesive theoretical framework that illuminates 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 controversies; the ways the constitutional law of foreign affairs is often developed outside the courts; and the significance of the increasingly blurred line between domestic and foreign affairs
Thoroughly updated, the Second Edition offers:
broader coverage of the war on terrorism, including detailed treatment of the Executive's power to target, detain, and try terrorist enemy combatants
excerpts of recent Supreme Court decisions, including Hamdi v. Rumsfeld (concerning the military detention of a U.S. citizen as an enemy combatant), Sosa v. Alvarez-Machain (the scope of human rights litigation under the Alien Tort Statute), Altmann v. Republic of Austria (the retroactive application of the Foreign Sovereign Immunities Act), and American Ins. Assn v. Garamendi (the preemptive effect of executive agreements)condensed coverage of foreign sovereign immunity, now divided between Chapter 2 on the role of the courts in foreign affairs and Chapter 7 on international human rights litigation, integrating the material with related topics and making it easier to teacha revised Teacher's Manual with additional syllabi, a new section of sample exams, and answers to all the questions in the casebook

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Contents

Historical and Conceptual Foundations
1
B Neutrality Controversy of 1793
12
Chapter 8
24
Copyright

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About the author (2006)

Bradley is professor of law at the University of Virginia School of Law.

Jack Goldsmith is the Henry L. Shattuck Professor at Harvard Law School, where he teaches and writes about national security law, presidential power, cybersecurity, international law, internet law, foreign relations law, and conflict of laws. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.

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