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Medellín v. Texas
In 1993, José Medellín, an eighteen-year-old Mexican national who lived most of his life in the United States, was arrested for his participation in the gang rape and murder of two girls in Houston, Texas. Despite telling police that he was born in Mexico, he was never informed of his right to contact the Mexican Consulate, a right guaranteed to him by Article 36 of the Vienna Convention on Consular Relations. The Mexican government filed suit against the United States in the International Court of Justice (ICJ), which ruled that the United States had violated the rights of both Mexico and Medellín, along with fifty-one other Mexican nationals in other cases. The ICJ instructed the United...
Goldwater v. Carter
Goldwater v. Carter tells the story of the Supreme Court ruling that upheld President James Earl Carter’s unilateral decision to nullify the Sino-American Mutual Defense Treaty with the Republic of China (Taiwan), thereby enabling the United States to establish relations with the People's Republic of China. Senator Barry Goldwater and other members of Congress brought a lawsuit against Carter, arguing that the president needed Senate approval to take this action. President Carter’s actions in recognizing the Peoples’ Republic of China were both a continuation of a process begun by President Richard Nixon and a milestone in foreign policy that survived legal and political intervention. ...
'Remnants of Past Troubles'
The United Nations has declared 2001-2010 the Second Decade for the Elimination of Colonialism. In order to achieve this goal, the 16 remaining non-self-governing territories identified under Article 73 of the UN Charter must achieve self-government. But how is the UN to determine when that goal has been achieved? It is the argument of this article that the current definitions promulgated by the UN fail to provide any clear guidance, and conducts an empirical analysis, utilizing Qualitative Comparative Analysis, to compare non-self-governing territories and self-governing territories. It finds that the UN's lists of factors of self-government fail to provide an adequate explanation for why some territories are universally recognized to be self-governing, while others are still viewed as colonies of larger powers. It concludes with a new list of factors that can be used to make a principled determination of when a territory becomes self-governing.
The Supreme Court Footnote
"A history of the most famous, and infamous, footnotes in leading US Supreme Court cases"--
States Versus Territories
This paper examines the differing success rates of states and U.S. territories before the First, Third and Ninth Circuit Courts of Appeals. It theorizes, based on work by Galanter and others, that status of the parties matter. Therefore, I expect that states will do better than territories, but moreover, that particular territories, namely Puerto Rico and the Commonwealth of the Northern Mariana Islands, will be more successful than their non-commonwealth fellows, Guam and the U.S. Virgin Islands. The data indicate that both states and commonwealth territories are substantially more successful than non-commonwealth territories.
Global Urban Justice
Provides theoretical and practical insights into how the new phenomenon of human rights cities contributes to global urban justice.
The Indigo Book
This public domain book is an open and compatible implementation of the Uniform System of Citation.
