Medellín v. Texas

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Publisher : University Press of Kansas
ISBN 13 : 0700633618
Total Pages : 212 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Medellín v. Texas by : Alan Mygatt-Tauber

Download or read book Medellín v. Texas written by Alan Mygatt-Tauber and published by University Press of Kansas. This book was released on 2022-08-31 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1993, José Medellín, an eighteen-year-old Mexican national who lived most of his life in the United States, was arrested for his participation in the gang rape and murder of two girls in Houston, Texas. Despite telling police that he was born in Mexico, he was never informed of his right to contact the Mexican Consulate, a right guaranteed to him by Article 36 of the Vienna Convention on Consular Relations. The Mexican government filed suit against the United States in the International Court of Justice (ICJ), which ruled that the United States had violated the rights of both Mexico and Medellín, along with fifty-one other Mexican nationals in other cases. The ICJ instructed the United States to provide “review and reconsideration” of the convictions and sentences of the fifty-two Mexican nationals. Armed with this new decision, Medellín sought a writ of habeas corpus, which was denied by the lower courts. He petitioned for a writ of certiorari, which the Supreme Court granted, twice. While President George W. Bush sided with the ICJ, the State of Texas, under Solicitor General Ted Cruz, argued against the president. Despite a nearly universal belief among court watchers and legal scholars that Texas would lose, the Court in a 6–3 decision ruled in favor of Texas and against Medellín in June 2008. Medellín was executed just two months later. In this volume Alan Mygatt-Tauber tells the story of Medellín v. Texas, showing how the Court’s 2008 ruling grappled with the complex question of how a united republic that respects the dual sovereignty of its constituent parts struggles to comply with its international obligations. But this is also a story of international human rights and the anomalous position of the United States regarding the death penalty compared to other nations. In the closing chapters, the author explores the aftermath of the execution, including the continued effort of Mexico to seek justice for its nationals. Mygatt-Tauber offers a detailed examination of the case at every stage of proceedings—trial, appeal, at the International Court of Justice, and in both trips to the Supreme Court. He provides never-before-revealed information about the thinking of the Bush White House in the decision to comply with the ICJ’s judgment and to withdraw from the Optional Protocol to the Vienna Convention that granted the ICJ jurisdiction.

Medellin V. Texas (2008).

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Publisher :
ISBN 13 :
Total Pages : 942 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Medellin V. Texas (2008). by : United States. Supreme Court

Download or read book Medellin V. Texas (2008). written by United States. Supreme Court and published by . This book was released on 2008 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Case Concerning the Vienna Convention on Consular Relations (Paraguay V. United States of America)

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Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Case Concerning the Vienna Convention on Consular Relations (Paraguay V. United States of America) by : Paraguay

Download or read book Case Concerning the Vienna Convention on Consular Relations (Paraguay V. United States of America) written by Paraguay and published by . This book was released on 2000 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Report presents the written proceedings and oral arguments of a case taken before the International Court of Justice concerning the Vienna Convention on Consular Relations. The case was brought by the Government of Paraguay against the Government of the United States of America. This case concerned the procedures followed, and decisions made, by the Executive and Supreme Court of the United States leading up to execution of a Paraguayan national by the Commonwealth of Virginia in May 1998. The Paraguayan argument was that the defendant had been denied his right to consular assistance as guaranteed under the Vienna Convention. The case was discontinued by Paraguay in November 1998 and therefore this volume contains no ruling from the International Court of Justice.

Understanding Constitutional Law

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Publisher :
ISBN 13 :
Total Pages : 554 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Understanding Constitutional Law by : Norman Redlich

Download or read book Understanding Constitutional Law written by Norman Redlich and published by . This book was released on 1998 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Restatement and Beyond

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Publisher : Oxford University Press
ISBN 13 : 0197533981
Total Pages : 588 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Restatement and Beyond by : Paul B. Stephan

Download or read book The Restatement and Beyond written by Paul B. Stephan and published by Oxford University Press. This book was released on 2020-09-18 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as well as those most likely to emerge in the coming decade. The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century to the present. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements; and to the immunity of international organizations and foreign government officials from domestic lawsuits. The last part considers how foreign relations law might develop in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development. These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law.

Foreigners on America's Death Row

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Publisher : Cambridge University Press
ISBN 13 : 1108428231
Total Pages : 303 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Foreigners on America's Death Row by : John Quigley

Download or read book Foreigners on America's Death Row written by John Quigley and published by Cambridge University Press. This book was released on 2018-05-03 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates how foreigners charged with capital murder in the United States are deprived of rights by police and courts.

An American Dilemma

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Publisher : Springer
ISBN 13 : 1137270373
Total Pages : 189 pages
Book Rating : 4.1/5 (372 download)

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Book Synopsis An American Dilemma by : M. Atwell

Download or read book An American Dilemma written by M. Atwell and published by Springer. This book was released on 2015-06-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: An American Dilemma examines the issue of capital punishment in the United States as it conflicts with the nation's obligations under the 1963 Vienna Convention on Consular Relations. In a number of high profile cases, foreign nationals have been executed after being denied their rights under the Vienna Convention. The International Court of Justice has ruled against the United States, but individual states have chosen to defy international law. The Supreme Court has not resolved the question of legal remedies for such breaches.

The Cambridge Companion to International Law

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Publisher : Cambridge University Press
ISBN 13 : 0521190886
Total Pages : 485 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis The Cambridge Companion to International Law by : James Crawford

Download or read book The Cambridge Companion to International Law written by James Crawford and published by Cambridge University Press. This book was released on 2012-01-26 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.

The Death of Treaty Supremacy

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Publisher : Oxford University Press
ISBN 13 : 0199364028
Total Pages : 473 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Death of Treaty Supremacy by : David Sloss

Download or read book The Death of Treaty Supremacy written by David Sloss and published by Oxford University Press. This book was released on 2016 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.

Resolving International Conflicts

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Publisher : Central European University Press
ISBN 13 : 9789639776463
Total Pages : 352 pages
Book Rating : 4.7/5 (764 download)

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Book Synopsis Resolving International Conflicts by : Peter Hay

Download or read book Resolving International Conflicts written by Peter Hay and published by Central European University Press. This book was released on 2009-01-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dedicated to Tibor Vrady. Focuses on international private law and international arbitration.

AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 6

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Publisher :
ISBN 13 : 0199758905
Total Pages : 460 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 6 by : Oceana Editorial Board

Download or read book AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 6 written by Oceana Editorial Board and published by . This book was released on 2011-02-18 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Six of AILC includes the exceptions and limitations of procedural aspects, such as the Political Question Doctrine, the Federal Tort Claims Act, the Foreign Affairs Doctrine, and the Vienna Convention on Consular Relations. The volume also includes cases involving diplomacy and diplomatic immunity and treaties and agreements. In Mani Kumari Sabbithi v. Major Waleede KH N.S. AL SALEH, domestic workers from India sued their employers and the state of Kuwait under the Trafficking Victims Protection Act of 2000, the Fair Labor Standards Act, and various contract and tort claims. The court granted the defendants' motion to dismiss based on diplomatic immunity. In In re B. Del C.S.B., the issue was whether a child of Mexican origin, whose mother wrongfully retained her in the United States, should be allowed to stay in her current home while custody proceedings are conducted in the United States, or whether she should be returned to Mexico while the proceedings are conducted there. The court examined whether a child is not settled for the purposes of Article 12 of the Hague Convention.

U.S. National Security Law

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Publisher : Rowman & Littlefield
ISBN 13 : 1538104040
Total Pages : 353 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis U.S. National Security Law by : H. L. Pohlman

Download or read book U.S. National Security Law written by H. L. Pohlman and published by Rowman & Littlefield. This book was released on 2018-07-12 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of international terrorism in today’s globalized world has focused attention on the degree to which international law should shape U.S. national security law and policy. This unique textbook of readings explores how international law relates to U.S. constitutional and statutory law in terms of the right to wage war, the law of armed conflict, combatant status, interrogation of detainees, military commissions, covert action, targeted killing, electronic surveillance, and cyber war. Each chapter is composed of a chronological set of core readings followed by a set of provocative questions, with commentary linking one reading to the next. Written in a lively and engaging manner, U.S. National Security Law makes challenging subject matter accessible for undergraduate students outside of a law school classroom.

Taming Globalization

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Publisher : Oxford University Press
ISBN 13 : 0199837422
Total Pages : 281 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Taming Globalization by : Julian Ku

Download or read book Taming Globalization written by Julian Ku and published by Oxford University Press. This book was released on 2012-04-05 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the nations of the world become more interconnected and less isolated every day, the U.S. legal system has struggled to take advantage of globalization's benefits while protecting the country's sovereignty. In Taming Globalization, Julian Ku and John Yoo offer a bold new look at this growing problem, arguing that the political branches and not the courts should be implementing and enforcing international law in the U.S. This reconciliation of globalization and the U.S. Constitution will influence debates now raging in courtrooms, the halls of Congress, and the public arena.

Implementation of International Law in the United States

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Publisher : Peter Lang
ISBN 13 : 9783631598801
Total Pages : 316 pages
Book Rating : 4.5/5 (988 download)

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Book Synopsis Implementation of International Law in the United States by : Johan D. Van der Vyver

Download or read book Implementation of International Law in the United States written by Johan D. Van der Vyver and published by Peter Lang. This book was released on 2010 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though the Constitution proclaims treaties entered into by the United States to be part of the supreme law of the land and authorises prosecution of offences against the law of nation in federal courts, the United States has had a checkered record in ratifying human rights instruments, in upholding decisions of international tribunals, and indeed in submitting itself to the jurisdiction of such tribunals. It refused to uphold judgments of the International Court of Justice within its municipal legal system, terminated the competence of the ICJ to adjudicate international disputes to which it is a party, and attempted to undermine the functioning of the international criminal court. It engaged in armed conflicts in blatant violation of international humanitarian law and subjected belligerent detainees to unbecoming interrogation techniques. There are clear indications that the Obama administration is setting the United States on a new course of international comity and Völkerrechtsfreundlichkeit.

Human rights and the alien tort statute

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Publisher : American Bar Association
ISBN 13 : 9781616327163
Total Pages : 500 pages
Book Rating : 4.3/5 (271 download)

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Book Synopsis Human rights and the alien tort statute by :

Download or read book Human rights and the alien tort statute written by and published by American Bar Association. This book was released on with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

United States Reports V. 555

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Publisher : Government Printing Office
ISBN 13 : 9780160923104
Total Pages : 1260 pages
Book Rating : 4.9/5 (231 download)

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Book Synopsis United States Reports V. 555 by : Frank D. Wagner

Download or read book United States Reports V. 555 written by Frank D. Wagner and published by Government Printing Office. This book was released on 2014-05-21 with total page 1260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume of the United States Reports containing the final decisions and opinions of the Supreme Court justices regarding cases between October 6, 2005 and March 6, 2009. Also includes notes regarding the members of the Supreme Court, orders, and other relevant materials.

The Law of U.S. Foreign Relations

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Publisher : Oxford University Press
ISBN 13 : 0199361975
Total Pages : 1065 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Law of U.S. Foreign Relations by : Sean D. Murphy

Download or read book The Law of U.S. Foreign Relations written by Sean D. Murphy and published by Oxford University Press. This book was released on 2023 with total page 1065 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations, and the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive, and judicial authority in foreign affairs. This includes the constitutional tensions prevalent in legislative efforts to control executive diplomacy, as well as the ebb and flow of judicial engagement in transnational disputes - with the judiciary often serving as umpire but at times invoking doctrines of abstention. The process of U.S. adherence to treaties and other international agreements is closely scrutinized as the authors examine how such law, as well as customary international law and the law-making acts of international organizations, can become a source of U.S. law. Individual chapters focus on the special challenges posed by the exercise of war powers by the federal government (including during recent incidents of international armed conflict), the complex role of the several states in foreign affairs, and the imperative to protect individual rights in the transnational sphere. Among the contemporary issues discussed are the immunity of foreign heads of State, treatment of detainees at Guantánamo, movement of the U.S. Embassy in Israel to Jerusalem, state-level foreign compacts to address climate change, bans affecting refugees and asylum-seekers, and recent interpretations of key statutes, such as the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act.