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Is the International Legal Order Unraveling?
This book grows out of the work of a study group convened by the American Branch of the International Law Association. The group had a mandate to examine threats to the rules-based international order and possible responses. The several chapters in the book-all of which are written by distinguished international law scholars--generally support the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling--at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world's major powers--especially the United States and China--cooperate with each other to combat climate change, then other threats to the...
The Death of Treaty Supremacy
This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The traditional supremacy rule provided that all treaties supersede conflicting state laws; it precluded state governments from violating U.S. treaty obligations. Before 1945, treaty supremacy and self-execution were independent doctrines. Supremacy governed the relationship between treaties and state law. Self-execution governed the division of power over treaty implementation between Congress and the President. In 1945, the U.S. ratified the UN Charter, which obligates nations to promote human rights "for all without distinction as to race." ...
International Law in the U.S. Supreme Court
This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role.
The Death of Treaty Supremacy
This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The traditional supremacy rule provided that all treaties supersede conflicting state laws; it precluded state governments from violating U.S. treaty obligations. Before 1945, treaty supremacy and self-execution were independent doctrines. Supremacy governed the relationship between treaties and state law. Self-execution governed the division of power over treaty implementation between Congress and the President.
Tyrants on Twitter
A look inside the weaponization of social media, and an innovative proposal for protecting Western democracies from information warfare. When Facebook, Twitter, YouTube, and Instagram were first introduced to the public, their mission was simple: they were designed to help people become more connected to each other. Social media became a thriving digital space by giving its users the freedom to share whatever they wanted with their friends and followers. Unfortunately, these same digital tools are also easy to manipulate. As exemplified by Russia's interference in the 2016 U.S. presidential election, authoritarian states can exploit social media to interfere with democratic governance in ope...
Constitution-Making and Transnational Legal Order
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
The Role of Domestic Courts in Treaty Enforcement
This title examines whether domestic courts in 12 countries actually provide remedies to private parties who are harmed by a violation of their treaty-based rights.
International Law in the U.S. Supreme Court
"This book presents a comprehensive account of the Supreme Court's use of international law from the 1790s to the present. The book does not address every passing reference to international law, but it covers all the lines of cases in which international law has played a material role. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago. This book also provides and account of what changed in the Supreme Court's international law doctrine, and when those changes occured"--
Duelling for Supremacy
Analyses national practices on conflicts between international law and national fundamental principles with a comparative perspective.
Supreme Disorder
NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If ...
