scholarly journals A Study on the Trend of the United States Supreme Court Decisions in regard to Global Warming Legal Regimes - Focusing on the Supreme Court Case of Utility Air Regulatory Group v. EPA -

2018 ◽  
Vol 19 (2) ◽  
pp. 239-268
Author(s):  
Kwihyeon Han
1909 ◽  
Vol 3 (1) ◽  
pp. 119-136
Author(s):  
Percy Bordwell

In the July number of the Journal is given the decision of the Court of Claims in Sanches v. The United States and of the Supreme Court in O’Reilly v. Brooke. Both cases involve the validity of the orders of military governors in former Spanish territory abolishing offices for which a price had been paid and which the holder claimed were private property and thus under the protection of the law of nations and the treaty of peace with Spain. In the Sanches case the office abolished was that of “ numbered procurador of the courts of first instance of the capital of Porto Rico;” in the O’Reilly case the office was that of high sheriff of Havana. In each case the opinion was expressed that the office had ceased with the extinction of Spanish sovereignty, but in the Supreme Court case this was not necessary to the decision, as General Brooke’s liability had already been denied on other grounds, while the opinion on this point was delivered without argument of counsel, without exposition, and without the citation of authority other than that of the Secretary of War in approving General Brooke’s order. It is the opinion of the writer that the holders of those offices were entitled to indemnification. The facts of the O’Reilly controversy will be gone into in considerable detail.


1972 ◽  
Vol 66 (4) ◽  
pp. 795-814 ◽  
Author(s):  
Andreas F. Lowenfeld

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.


2019 ◽  
pp. 225-242
Author(s):  
Javier Escobar

Abstract: In Gamble v. United States, the defendant questioned the constitutionality of the dual sovereignty doctrine under the double jeopardy clause. In its judgment, delivered on 17 June, 2019, the United States Supreme Court upheld the application of the dual sovereignty doctrine, according to which different sovereigns may prosecute an individual without violating the double jeopardy clause if the individual's act infringed the laws of each sovereignty. This comment aims to address the reasoning of the Supreme Court and the rationale of the dual sovereignty doctrine, suggesting the convenience and necessity of a further study on its limits and the possible safeguards against potential abuses. 


1967 ◽  
Vol 13 (4) ◽  
pp. 481-487
Author(s):  
Noah Weinstein ◽  
Corinne R. Goodman

For the first time in its 68-year history, the juvenile court has felt the impact of the United States Supreme Court. It would be impossible to predict the exact effect of the decisions, but unquestionably they will be of prime importance in their influ ence on juvenile court procedures.


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