Megan Dingley | February 26, 2020 | Conflict of Laws, U.S. Foreign Relations Law
In a dissenting opinion delivered in Hernández v. Mesa, No. 17-1678 (February 25, 2020), U.S. Supreme Court Associate Justice Ruth Bader Ginsburg quoted Restatement of the Law Third, The Foreign Relations Law of the United States § 402 and Restatement of the Law...
Andrea Kang Wooster | June 18, 2019 | U.S. Foreign Relations Law
The U.S. Supreme Court recently cited Restatement of the Law Fourth, The Foreign Relations Law of the United States § 481 and Restatement of the Law Second, Conflict of Laws § 98 in affirming the longstanding dual-sovereignty doctrine, which provides that a crime...
Kermit Roosevelt III | January 11, 2019 | Conflict of Laws
AbstractTraditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction. Rather than caring about certainty...
Christopher A. Whytock | December 12, 2018 | Conflict of Laws, U.S. Foreign Relations Law
ABSTRACTPolitical scientists — primarily in the discipline’s international relations subfield — have long studied international law. This article identifies five stages of political science research on international law, including the current interdisciplinary...
Matthew L.M. Fletcher, Wenona T. Singel, Kaighn Smith, Jr. and Jennifer Morinigo | April 17, 2018 | American Indian Law
In the American Indian Law project draft that will be presented at the 2018 Annual Meeting, two Sections deal with tribal powers over nonmembers – § 34, Civil Regulatory and Adjudicatory Authority over Nonmembers and § 35, Tribal-Court Exhaustion Rule. This is the...
