2 Treaties

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
International Agreements ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
The U.S

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice-and-consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of the president’s constitutional authority to withdraw the United States from treaties.

2 Treaties

2015 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
International Agreements ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
The U.S

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice and consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of how the United States terminates treaties.

scholarly journals International Law in the US Legal System

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
International Law ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
Foreign Affairs ◽  
Sovereign Immunity ◽  
War Powers ◽  
Jus Cogens ◽  
The U.S

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional Founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

“Our Honeymoon with the U.S. Came to an end”

2020 ◽  
pp. 138-163
Author(s):  
Joslyn Barnhart
Keyword(s):  
United States ◽  
The United States ◽  
African Continent ◽  
Soviet Policy ◽  
Status Seeking ◽  
The Status ◽  
The Cold War ◽  
The Relationship ◽  
Potential Challenge ◽  
The U.S

This chapter examines the significant role that national humiliation played in shaping Soviet policy during the most dangerous period of the Cold War. It defines the relationship between the Soviets' sense of humiliation perpetuated by U.S. surveillance flyovers between 1957 and 1961 through Soviet airspace and Nikita Khrushchev's decision to break ties with the Americans and place missiles in Cuba. It also establishes the important role that humiliating events played in stimulating the symbolic competition for status on the African continent. The chapter examines the status dynamics in the period of intense status competition at the end of the nineteenth century. Just as French and German status-seeking strategies in Africa challenged the status and interests of England and Italy, the Soviet Union's attempts to seek status through material practices befitting their desired superpower status presented a potential challenge to the status of the United States.

Contextualizing the Policy and Pragmatics of Reintegrating Sex Offenders

Sexual Abuse ◽  
2016 ◽  
Vol 29 (1) ◽  
pp. 28-50 ◽  
Author(s):  
Kathryn J. Fox
Keyword(s):  
United States ◽  
High Risk ◽  
Sex Offenders ◽  
Federal Government ◽  
Sexual Offenders ◽  
The United States ◽  
Community Based ◽  
The Relationship ◽  
The U.S

As sanctions for those convicted of sex offenses have increased over recent years, the risk for reoffense presented by social isolation increases. Because most jurisdictions struggle with how best to manage and reintegrate sex offenders, this study analyzes bureaucratic and contextual issues with arranging community-based reintegration programs. Specifically, this qualitative, process-oriented study examines and compares Circles of Support & Accountability (CoSA) programs from the United States (specifically, Vermont) and New Zealand. CoSAs provide support for medium- to high-risk sex offenders as they are released to communities. The programs are compared with regard to their structures, the relationship to Corrections, the role of communities, and core members’ reentry challenges. The implications of each configuration are explored. As most of the existing research on CoSAs is focused on recidivism, and as the U.S. federal government is expanding the use of CoSA, this article fills a void in our understanding of the role that communities can play in reintegrating sexual offenders and how program structures shape reentry.

scholarly journals How Republicans and Democrats Strengthen Secret Surveillance in the United States

2020 ◽  
pp. 5-20
Author(s):  
Paweł Laidler
Keyword(s):  
United States ◽  
National Security ◽  
The United States ◽  
Special Focus ◽  
The Core ◽  
Security Surveillance ◽  
The Relationship ◽  
The U.S

The purpose of the paper is to assess the relationship  between secrecy and transparency in the pre- and post-Snowden eras  in the United States. The Author analyzes, from both political and legal perspectives, the sources and outcomes of the U.S. politics of  national security with a special focus on domestic and intelligence  surveillance measures. The core argument of the paper is that, due  to the role of the executive which has always promoted the culture   of secrecy, there is no chance for the demanded transparency in  national security surveillance, despite the controlling powers of the legislative and judiciary. As the analysis proves, the United  States in the post-Snowden era seems to be the most transparent and  secretive state, at the same time.

3 Executive Agreements

2015 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Twentieth Century ◽  
The United States ◽  
International Agreements ◽  
Soft Law ◽  
Substantial Growth ◽  
The Status ◽  
Executive Agreements ◽  
Domestic Law ◽  
The U.S

This chapter considers the status in the U.S. legal system of “executive agreements”—that is, international agreements concluded by the United States outside of the senatorial advice and consent process specified in Article II of the Constitution. After describing the substantial growth during the twentieth century in the number of executive agreements, the chapter focuses in particular on congressional-executive agreements and sole executive agreements. It also considers the extent to which executive agreements are interchangeable with Article II treaties for purposes of domestic law, with respect to the preemption of state law, displacement of federal statutes, and federalism limitations. The chapter further discusses the President’s long-standing use of executive agreements for the settlement of international claims. It concludes with a discussion of the growing phenomenon of non-binding “political” or “soft law” agreements.

Melting Pots, Salad Bowls, Ethnic Museums, and American Identity

2014 ◽  
Author(s):  
Steven Conn
Keyword(s):  
United States ◽  
Ethnic Identity ◽  
American History ◽  
The United States ◽  
American Identity ◽  
Relationship Of ◽  
The Relationship

This essay examines the rise and role of ethnically specific museums in the United States. It explores the relationship of those museums to the larger questions of how to display American history in museums, how these museums function to create either a national or ethnic identity, and how these museums blur the line between a presentation of “history” and a celebration of “heritage.”

scholarly journals The Perpetual Object of Regulation: Privacy As Pacification

2013 ◽  
Vol 9 (2) ◽  
Author(s):  
Aaron Henry
Keyword(s):  
United States ◽  
Social Power ◽  
Thomas Hobbes ◽  
The United States ◽  
Member States ◽  
Eu Member States ◽  
Relationship Of ◽  
The Relationship

This article theorizes the relationship of privacy to capital and projects of security and, in doing so, situates privacy in context to pacification. In particular, the article provides an interrogation of the contradictory structuring of privacy as both an object threatened by security and the role of privacy as a means to resist or limit projects of security. Through an analysis of Thomas Hobbes’ writings, this contradictory dual-deployment of privacy is unseated to reveal that far from challenging security, privacy has historically been presupposed and structured by security projects. Moreover, by acclimatizing us to our existence as atomized individuals, alienated from our collective social power, privacy in fact pacifies us. This process is explored through an examination of the Passenger Flight List agreement (PNR) between the United States and EU member states. The article concludes with a brief discussion of the implications of our reliance on privacy has for challenging the logics of security and pacification, especially with the emergent technology of Drones.

Questions

2018 ◽  
Author(s):  
James L. Gibson ◽  
Michael J. Nelson
Keyword(s):  
United States ◽  
African Americans ◽  
Supreme Court ◽  
Legal System ◽  
Public Support ◽  
The United States ◽  
Future Research ◽  
White Americans ◽  
Two Factors ◽  
The U.S

We have investigated the differences in support for the U.S. Supreme Court among black, Hispanic, and white Americans, catalogued the variation in African Americans’ group attachments and experiences with legal authorities, and examined how those latter two factors shape individuals’ support for the U.S. Supreme Court, that Court’s decisions, and for their local legal system. We take this opportunity to weave our findings together, taking stock of what we have learned from our analyses and what seem like fruitful paths for future research. In the process, we revisit Positivity Theory. We present a modified version of the theory that we hope will guide future inquiry on public support for courts, both in the United States and abroad.

scholarly journals Immunizing the Flock: How the Pandemic Court Rewrote Religious Freedom

Laws ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 12
Author(s):  
Paul Baumgardner
Keyword(s):  
United States ◽  
Supreme Court ◽  
Legal System ◽  
Religious Freedom ◽  
The United States ◽  
Religious Practices ◽  
The Past ◽  
The U.S

When coronavirus began to descend upon the United States, religious freedom advocates across the country sounded the alarm that citizens’ religious practices and institutions were under threat. Although some of the most extreme arguments championed by these advocates were not validated by our legal system, many were. This article explores the underappreciated gains made by religious freedom advocates before the U.S. Supreme Court over the past year. As a result of the “Pandemic Court”, religious freedom in the United States has been rewritten. This promises to radically change the educational, employment, and health prospects of millions of Americans for the rest of the pandemic and long afterwards.

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