David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
While overshadowed by rulings concerning the rights of detainees, executive power and judicial review in the "war on terror," the Supreme Court recently issued three surprisingly significant decisions on international law. These cases show a realistic reaffirmation by the Supreme Court of international law's central importance to U.S. jurisprudence, the rejection of a post-war conservative belittlement as well as an apparent disdain for it, and a prudent determination of Congressional intent and judicial precedent in global commerce. While dealing with quite technical issues of the federal courts' subject-matter jurisdiction in alien torts, sovereign immunity and antitrust, these three decisions suggest a return to pragmatism by the Supreme Court. Taken together they provide a sensible balancing of foreign policy concerns within the context of the separation of powers and foreign relations. They also serve as a counterweight to the political degradation of international law that started with the Reagan-Bush era and continued through the current Bush administration.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Kristin Lefebvre (2007). An Ethical Evaluation of the Supreme Court Decision Regarding ERISA Interpretation. Journal of Philosophical Research 32 (Supplement):327-334.
Thom Brooks (2003). Does Philosophy Deserve a Place at the Supreme Court? Rutgers Law Record 27 (1):1-17.
Simon Butt, The Constitutional Court's Decision in the Dispute Between the Supreme Court and the Judicial Commission: Banishing Judicial Accountability?
Theodore W. Ruger (2004). The United State Supreme Court and Health Law: The Year in Review: The Supreme Court Federalizes Managed Care Liability. Journal of Law, Medicine and Ethics 32 (3):528-531.
Added to index2009-01-28
Total downloads5 ( #220,234 of 1,096,899 )
Recent downloads (6 months)1 ( #273,368 of 1,096,899 )
How can I increase my downloads?