The Court and the World: American Law and the New Global Realities

Description

pt. I. The past is prologue : the Constitution, national security, and individiual rights. Silence : Cicero and his "political question" counterpart ; A second approach : "The President wins" ; A third approach : "The President goes too far" ; "No blank check" : Guantanamo --pt. II. At home abroad : the foreign reach of American statutory law. Regulating international commerce ; Opening the courthouse door : the Alien Tort Statute and human rights -- pt. III. Beyond our shores : international agreements. Treaty interpretation : child custody ; Investment treaties : arbitration ; The treaty power : structure ; Postscript : home alone, a political discussion -- pt. IV. The judge as diplomat. Interchange and substantive progress ; Advancing the rule of law. pt. I. The past is prologue : the Constitution, national security, and individiual rights. Silence : Cicero and his "political question" counterpart A second approach : "The President wins" A third approach : "The President goes too far" "No blank check" : Guantanamo --pt. II. At home abroad : the foreign reach of American statutory law. Regulating international commerce Opening the courthouse door : the Alien Tort Statute and human rights -- pt. III. Beyond our shores : international agreements. Treaty interpretation : child custody Investment treaties : arbitration The treaty power : structure Postscript : home alone, a political discussion -- pt. IV. The judge as diplomat. Interchange and substantive progress Advancing the rule of law.