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Jefferson, Madison, and Marshall: The Law of Nations and the New Republic

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0002
Subject:
Law, Public International Law, Legal History

No group of America's leaders has ever been more mindful of the law of nations than were the Founding Fathers. This chapter tells a little of that story. It begins with American perceptions of the ... More


Constitutional Faith

Sanford Levinson

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691152400
eISBN:
9781400839872
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691152400.001.0001
Subject:
Law, Constitutional and Administrative Law

This book examines the “constitutional faith” that has, since 1788, been a central component of American “civil religion.” By taking seriously the parallel between wholehearted acceptance of the ... More


The Economics of Informal International Law: An Empirical Assessment

Stefan Voigt

in Informal International Lawmaking

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199658589
eISBN:
9780191742248
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199658589.003.0005
Subject:
Law, Public International Law

Offering a law and economics perspective, this chapter uses the database of US ‘international agreements’ (defined in the US Case Act as legally binding agreements other than ‘treaties’ in the sense ... More


Eisentrager’s (Forgotten) Merits: Military Jurisdiction and Collateral Habeas

Stephen I. Vladeck

in The Hidden Histories of War Crimes Trials

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671144
eISBN:
9780191751516
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671144.003.0009
Subject:
Law, Public International Law, Legal History

This chapter examines the Supreme Court's 1950 ruling in Johnson v Eisentrager, where twenty-seven German nationals captured in China were tried by a US military commission for war crimes based on ... More


American Law and Market Integration

Robert Schütze

in From International to Federal Market: The Changing Structure of European Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198803379
eISBN:
9780191841576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198803379.003.0003
Subject:
Law, EU Law, Constitutional and Administrative Law

What is the structure of the ‘American’ market; and how was the latter ‘established’? When the Philadelphia Convention debated the 1787 Constitution, there was little argument that the (new) Union ... More


The Powers of the President

Louis Fisher

in The Law of the Executive Branch: Presidential Power

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199856213
eISBN:
9780199358397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856213.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter on presidential powers first analyzes three concepts that go beyond powers expressly stated: “implied,” “inherent,” and “prerogative.” It then considers specific presidential powers, ... More


Foreign Affairs

Louis Fisher

in The Law of the Executive Branch: Presidential Power

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199856213
eISBN:
9780199358397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856213.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the foreign policy powers of Congress. The discussions cover treaty power; the role of the House; treaty termination and reinterpretation; executive agreements; ambassadors ... More


War Powers

Louis Fisher

in The Law of the Executive Branch: Presidential Power

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199856213
eISBN:
9780199358397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856213.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the war powers assigned to Congress. The discussions cover the authority to initiate war; military action in practice; the availability of a standing army; international and ... More


Freedom of Speech: The Great Divide and the Common Ground between the United States and the Rest of the World

John B Bellinger III and Murad Hussain

in Islamic Law and International Human Rights Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199641444
eISBN:
9780191741104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641444.003.0010
Subject:
Law, Human Rights and Immigration, Comparative Law

The tension between Western views on open discourse and Islamic views on taboo subjects has been echoed in the United Nations. Over the last decade, the Organization of the Islamic Conference ... More


Election and Removal of the President

Louis Fisher

in The Law of the Executive Branch: Presidential Power

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199856213
eISBN:
9780199358397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856213.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the constitutional provisions for choosing the president by electors; eligibility to the Office of President; the number of terms a President could serve; compensation and ... More


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