John Marshall and Treaty Law

1956 ◽  
Vol 50 (1) ◽  
pp. 69-80 ◽  
Author(s):  
Edward Dumbauld
Keyword(s):  
United States ◽  
Supreme Court ◽  
International Law ◽  
The United States ◽  
Current Interest ◽  
Chief Justice ◽  
The Supreme Court ◽  
Treaty Law ◽  
John Marshall

The enduring value of Chief Justice John Marshall’s contributions to international law is shown by the fact that during the bicentennial year of his birth the Supreme Court of the United States has had occasion in the course of current litigation to apply principles set forth in well-known decisions rendered by Marshall more than a century ago. Likewise there is timeliness, in view of current interest in “treaty law,” in Marshall’s pronouncements on that topic.

In Defense of the Supreme Court Decision in Alvarez-Machain

1992 ◽  
Vol 86 (4) ◽  
pp. 736-746 ◽  
Author(s):  
Malvina Halberstam
Keyword(s):  
United States ◽  
Supreme Court ◽  
International Law ◽  
Supreme Court Decision ◽  
The United States ◽  
Court Decision ◽  
Drug Enforcement ◽  
The Supreme Court ◽  
Criminal Suspects ◽  
The Media

In United States v. Alvarez-Machain, the Supreme Court sustained the jurisdiction of a U.S. court to try a Mexican national, charged with various counts of conspiracy, kidnaping and the murder of a U.S. drug enforcement agent in Mexico, even though his presence in the United States was the result of abduction rather than extradition pursuant to the Extradition Treaty between the United States and Mexico. The Court did not hold, as widely reported in the media, that the Treaty permits abduction, that abduction is legal, or that the United States had a right to kidnap criminal suspects abroad. On the contrary, the Court acknowledged that the abduction may have been a violation of international law. It stated, “Respondent and his amici may be correct that respondent’s abduction was ’shocking’ and that it may be in violation of general international law principles.”

Sabbatino Resurrected: The Act of State Doctrine in the Revised Restatement of U.S. Foreign Relations Law

1985 ◽  
Vol 79 (1) ◽  
pp. 68-91 ◽  
Author(s):  
Malvina Halberstam
Keyword(s):  
United States ◽  
Supreme Court ◽  
International Law ◽  
Foreign Relations ◽  
Supreme Court Decision ◽  
The United States ◽  
Court Decision ◽  
Foreign State ◽  
The Supreme Court

Among the more controversial provisions of the Restatement of the Foreign Relations Law of the United States (Revised), are the sections dealing with the act of state doctrine in Tentative Draft No. 4. Section 428 provides: “Subject to §429, courts in the United States will refrain from examining the validity of an act of a foreign state taken in its sovereign capacity within the state’s own territory.” This provision, of course, is based on the Supreme Court decision in Sabbatino. The Court there stated, “the Judicial Branch will not examine the validity of a taking of property within its own territory by a foreign sovereign government” even if it is alleged that the taking is contrary to international law.

Act of State and Department of State: First National City Bank v. Banco Nacional De Cuba

1972 ◽  
Vol 66 (4) ◽  
pp. 795-814 ◽  
Author(s):  
Andreas F. Lowenfeld
Keyword(s):  
United States ◽  
Supreme Court ◽  
International Law ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Recent Issue ◽  
Department Of State ◽  
The Supreme Court ◽  
Formal Communication

No recent issue has so divided lawyers and writers in the field of international law as the question whether courts of one nation should sit in judgment on the acts of other nations with respect to foreign held property—sometimes, always, or never. The United States Supreme Court in Banco Nacional de Cubav. Sabbatinosaid the answer was never—or at least hardly ever—thus upholding and reaffirming the “act of state doctrine”. The Congress in the Hickenlooper (or Sabbatino) Amendmentmade an effort to reverse that ruling, an effort that has proved largely unsuccessful. Now the State Department has taken its turn, arguing in a formal communication to the Supreme Court that when it perceives no objection to adjudication on foreign policy grounds, the courts should judge the validity of the foreign nation's acts under international law standards—at least as to counterclaims.

Constitutional Law in 1947–48: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1947

1949 ◽  
Vol 43 (2) ◽  
pp. 275-308
Author(s):  
David Fellman
Keyword(s):  
United States ◽  
Supreme Court ◽  
Constitutional Law ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Constitutional Decisions

There were no changes in the personnel of the Court during the 1947 term. The former Chief Justice, Charles Evans Hughes, Avho had retired from the Court on July 1, 1941, died on August 27, 1948. Justice Hughes had served on the Court from May 2, 1910, to June 10, 1916, and was appointed Chief Justice on February 13,1930, succeeding William Howard Taft. In characteristic fashion, the justices filed during the 1947 term a very large number of dissenting and concurring opinions liberally salted with spirited and often bitter judicial invective.

The Federal Judicial Conference

1932 ◽  
Vol 26 (3) ◽  
pp. 482-485 ◽  
Author(s):  
Norman J. Padelford
Keyword(s):  
United States ◽  
Supreme Court ◽  
Annual Meeting ◽  
Attorney General ◽  
Legal Profession ◽  
The United States ◽  
Judicial System ◽  
Annual Reports ◽  
Chief Justice ◽  
The Supreme Court

The Conference held its ninth annual meeting in Washington on October 1-3, 1931. Authorized by the Judiciary Act of September 14, 1922, the conference of the senior circuit judges with the Chief Justice of the Supreme Court and the Attorney-General has become an established part of the judicial system of the United States. The reports of these conferences are to be found in the annual reports of the Attorney-General, beginning in 1924. The 1922 and 1923 reports may best be found in the Texas Law Review, Vol. II, pages 445 and 448, and in the Journal of the American Judicature Society, Vol. VIII, pages 85 and 92. In view of the general inaccessibility of the reports of the Attorney-General to the legal profession, it has been suggested that they be published in the Supreme Court Reports. The suggestion has not as yet, however, been adopted.

The Case of the Appam

1916 ◽  
Vol 10 (4) ◽  
pp. 809-831
Author(s):  
James Brown Scott
Keyword(s):  
United States ◽  
Great Britain ◽  
Supreme Court ◽  
International Law ◽  
The United States ◽  
District Court ◽  
Newport News ◽  
The Supreme Court ◽  
High Seas

On July 29,1916, the United States District Court for the Eastern District of Virginia entered a decree to restore to the British claimants the steamer Appam, formerly an English merchant vessel, captured by the German cruiser Moewe upon the high seas and sent into Newport News to be laid up pending the war between Great Britain and Germany. In a very elaborate opinion, the court held that the Appam had no right under international law or the treaty with Prussia of May 1, 1828, to use an American port as an asylum; that it did not have a right under the circumstances to enter an American port at all; that by so doing it violated the neutrality of the United States, and was therefore, with the proceeds of the cargo, to be restored, according to the American practice, to the British owners at the date of capture. The case is a very interesting one from the standpoint of international law, and by reason of its importance, it is to be appealed to the Supreme Court of the United States in order that, as far as the United States is concerned, a definite decision may be reached upon the points of law involved. The facts of the case and the reasoning of the District Court will, however, be set forth at this time and in this place.

Decisions of the Supreme Court of the United States on Constitutional Questions: 1914–1917. I

1918 ◽  
Vol 12 (1) ◽  
pp. 17-48 ◽  
Author(s):  
Thomas Reed Powell
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Republican Nomination

In previous issues of this Review Professor Wambaugh and the late Judge McClain have summarized the decisions of the Supreme Court on constitutional questions from 1909 to 1914. It is the purpose of this and a succeeding paper to deal in like manner with the decisions of the last three years. Owing to the number of cases decided during the triennium, the writer must content himself with the rôle of annalist and refrain from assuming that of analyst. For the benefit of those who desire fuller comment or criticism, references are given to articles and notes in various legal periodicals discussing the more important cases.Since the expiration of the October term of 1913, three changes have occurred in the personnel of the bench. Mr. Justice Lurton died July 12, 1914, and his successor, Mr. Justice McReynolds, took his seat October 12, 1914. Illness prevented Mr. Justice Lamar from participating in any of the decisions of the October term of 1915. He died on January 2, 1916. The commission of Mr. Justice Brandeis, who succeeded him, was not recorded until June 5, 1916, so that during the 1915 term only eight justices participated in the work of the court. Mr. Justice Hughes resigned June 10, 1916, to accept the Republican nomination for the presidency, and his successor, Mr. Justice Clarke, took his seat on October 9, 1916. The bench as at present constituted consists of Chief Justice White, appointed associate justice by President Cleveland and chief justice by President Taft; Mr. Justice McKenna, appointed by President McKinley; Justices Holmes and Day, appointed by President Roosevelt; Justices Van Devanter and Pitney, appointed by President Taft; and the three new justices appointed by President Wilson.

Constitutional Law in 1941–1942: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1941

1943 ◽  
Vol 37 (2) ◽  
pp. 263-289
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
New York ◽  
South Carolina ◽  
Supreme Court ◽  
Constitutional Law ◽  
Attorney General ◽  
The United States ◽  
Chief Justice ◽  
The Supreme Court ◽  
Constitutional Decisions

The vacancies on the Supreme Court caused by the retirement of Mr. Justice McReynolds and Chief Justice Hughes were filled by President Roosevelt during the summer of 1941. When the Court convened in October, Mr. Justice Stone, originally appointed by President Coolidge, became Chief Justice. Chief Justice White was the only other associate justice to be promoted to the Chief Justiceship. Senator James F. Byrnes of South Carolina, and Attorney General Robert H. Jackson of New York took their seats as associate justices. Thus seven justices have been placed on the Court by President Roosevelt. Any idea, however, that these Roosevelt appointees conform to any uniform pattern of thought is belied by the fact that in the 75 cases in the 1941 term turning on important questions of either constitutional law or federal statutory construction, there were dissents in 36, and 23 of these dissents were by either three or four justices. No act of Congress has been declared unconstitutional since May, 1936, when the Municipal Bankruptcy Act was held invalid. Since 1937, the Court has overruled 20 previous decisions, mentioning them by name, while it has modified or qualified a number of others.

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