Legal Theory

International Law and Foreign Laws in the U.S. State Legislatures

Introduction

Beginning in 2010, legislators in half of the U.S. states proposed—and in two states adopted—a series of bills or state constitutional amendments designed to restrict the use of international law and foreign laws by state (and sometimes federal) courts.  This Insight will summarize the trend in adopting legislation hostile to international law and foreign laws and briefly discuss its causes and consequences.

State Bills and Proposed Constitutional Amendments

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15
Issue: 
13
Author: 
Aaron Fellmeth
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Towards a Less Secular Europe? The Decision of the Grand Chamber of the European Court of Human Rights in Lautsi v. Italy

Introduction

A long-running crusade against the display of crucifixes in Italian public schools finally came to an end on March 18, 2011, in a judgment by the Grand Chamber of the European Court of Human Rights (“European Court”).

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15
Issue: 
12
Author: 
Silvia Borelli
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Special Tribunal for Lebanon Issues Landmark Ruling on Definition of Terrorism and Modes of Participation

Introduction

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15
Issue: 
6
Author: 
Michael P. Scharf
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The International Law of Drones

Introduction

When humans first launched themselves into the air to attack their enemies, they used balloons. Later came planes and helicopters. The latest development in the area of airborne attacks takes the human operator out of the air. People may operate unmanned aerial vehicles (UAVs or drones) thousands of miles from the drone’s location.[1]

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Volume: 
14
Issue: 
37
Author: 
Mary Ellen O’Connell
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Recent Developments in U.S. International Arbitration Law: Will Congress Take On the Supreme Court?

Introduction

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Volume: 
14
Issue: 
35
Author: 
Ernesto J. Sanchez
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Kiobel v. Royal Dutch Petroleum: Another Round in the Fight Over Corporate Liability Under the Alien Tort Statute

 

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Volume: 
14
Issue: 
31
Author: 
Chimène I. Keitner
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Lawfulness of Kosovo's Declaration of Independence

I. Introduction

Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? The International Court of Justice (ICJ or Court) answered this question in the affirmative in a groundbreaking decision issued on July 22, 2010. The Court held that the declaration was not prohibited by general international law nor by any specific sources of international law.

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Volume: 
14
Issue: 
27
Author: 
Bart M. J. Szewczyk
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Google, China, and Search

I. Introduction

Google’s recent decision to stop censoring its search results in China reflects the challenging position in which providers of information and communication technologies find themselves today. This Insight provides an overview of the debate about Google’s provision of search services in China and describes the framework of corporate social responsibility that applies to Internet providers operating in countries that restrict expression online.

II. Internet Regulation in China

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Volume: 
14
Issue: 
25
Author: 
Molly Beutz Land
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Abbott v. Abbott: A New Take on Treaty Interpretation by the Supreme Court

Introduction

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Volume: 
14
Issue: 
24
Author: 
Paul B. Stephan
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ECJ Holds that West Bank Products are Outside Scope of the EU-Israel Association Agreement

Introduction

On February 25, 2010, in its ruling in Brita GmbH v. Hauptzollamt Hamburg-Hafen, the European Court of Justice ("ECJ") ruled on the trade implications of one of the hot-potato issues of international law: the status of the territories occupied by Israel.

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Volume: 
14
Issue: 
17
Author: 
Itzchak Kornfeld
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