Topic
Foreign Affairs
Posts
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ArticleVol. 103 · Iss. 6
How the U.S. Constitution Shapes International Tax Law: Instrument Choice in Tax Agreements
Abstract The U.S. Constitution’s Treaty Clause, which requires Senate approval by a two-thirds vote for treaties, has significantly influenced the development of international tax…
Noam Noked, Young Ran (Christine) Kim & Reuven Avi-Yonah -
Online2023
The Controlled Substances Act: An International Private Delegation That Goes Too Far
Introduction Under current Supreme Court precedent, Congress can delegate regulatory authority to federal agencies so long as it supplies an intelligible principle to guide…
Shane Pennington & Matthew C. Zorn -
ArticleVol. 88 · Iss. 5
A Realist Defense of the Alien Tort Statute
This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits…
Robert Knowles -
CommentaryVol. 88 · Iss. 3
How the U.S. Government’s Market Activities Can Bolster Mobile Banking Abroad
To combat corruption and increase the effectiveness of foreign aid, the United States should require that all of its foreign aid distributions, reconstruction projects,…
Colin C. Richard -
ArticleVol. 94 · Iss. 1
Judging Foreign States
Famed foreign relations law principles, including the act of state doctrine, the public law taboo, and Zschernig’s foreign affairs preemption, rely on the notion…
Zachary D. Clopton -
NoteVol. 92 · Iss. 6
The Global Colony: A Comparative Analysis of National Security-Based Foreign Investment Regimes in the Western Hemisphere
In 1975, the United States took steps to prevent its national security from being undermined by foreign investment through the creation of the Committee…
Colin Stapleton -
ArticleVol. 91 · Iss. 1
Sovereignty Mismatch and the New Administrative Law
In the United States, making international policymaking work with domestic administrative law poses one of the thorniest of modern legal problems—the problem of sovereignty…
David Zaring -
ArticleVol. 90 · Iss. 4
Shame in the Security Council
The decision of the U.N. Security Council to authorize military intervention in Libya in 2011 was greeted as a triumph of the power of…
Saira Mohamed -
ArticleVol. 89 · Iss. 6
Rebellious State Crimmigration Enforcement and the Foreign Affairs Power
The propriety of a new breed of state laws interfering in immigration enforcement is pending before the Supreme Court and the lower courts. These…
Mary Fan