International Law in the U.S. Legal System provides a wide-ranging overview of how all the major forms of international law operate within the United States and addresses many areas of controversy, including the role of international law in the war on terrorism, the proper scope of international human rights litigation, and the relevance of international law to capital punishment.
A new interpretation of the constitutional law of foreign affairs, as it has been developed throughout its history by presidents and by Congress. In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, the law has been defined by the practices of Congress and the executive branch, also known as “historical gloss.” Curtis A. Bradley documents this process in action. He shows that expansions in presidential power over foreign affairs have often been justified by reference to historical gloss, but that Congress has not merely stepped aside. Belying conventional accounts of the “imperial presidency” in foreign affairs, Congress has also benefited from gloss, claiming powers for itself in the international arena not clearly addressed in the constitutional text and disrupting claims of exclusive presidential authority. Historical Gloss and Foreign Affairs proposes a constitutional theory that can make sense of these legal changes. In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. Moreover, the constitutional theories that do focus on practice have typically emphasized changes at particular moments in time. What we see in the constitutional law of foreign affairs, however, is the long-term accumulation of nonjudicial precedents that is characteristic of historical gloss. With gloss confirmed as a prime mover in the development of foreign affairs law, we can begin to recognize its broader status as an important and longstanding form of constitutional reasoning.
David Barnett’s 1977 shooting death outside Cooper, Kentucky, has haunted the small town’s former star athlete, Sheriff Tanner “Touch” Thomas, for decades. When he knocks David’s cold case file off a pile of paperwork on his desk, Touch bends over to retrieve it and sees handwritten notes peeking out of the file that spark him to revisit the death. Yet without a single piece of physical evidence materializing in at least thirty years, it appears the sheriff has his job cut out for him. As Touch begins to unravel the tangled web of details around Barnett’s shooting, he discovers links to a long-running drug ring in Cooper tied to the Dixie Mafia. After he decides to partner with the FBI to bust the drug ring, the choice both helps Touch and places him in extreme danger. Now the sheriff must blend his compassion and affection for his small town with his action hero-like abilities in order to take down Cooper’s biggest drug dealers and hopefully solve the town’s longest running cold case in the process. In this compelling mystery, a Kentucky sheriff reopens a decades-old murder case that prompts a determined mission to bring down a local drug ring.
Casebook for law school courses on Foreign Relations Law, offering a mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background"--
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