Monthly Archives: June 2015

Legislative Diplomacy After Zivotofsky

Zivotofsky was a case about the recognition power, but it was also the first in quite a while to offer any insight into the Justices’ views on the nature of the President’s power to communicate with foreign sovereigns. Given precedents like Curtiss-Wright, … Continue reading

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The Role of Foreign Perceptions in Zivotofsky v. Kerry

One of the noteworthy disagreements in Zivotofsky concerns the significance of foreign perceptions of U.S. law. The majority suggested the risk of misperception is relevant as a type of functionalist consideration: Pointing to evidence that § 214(d) drew objections from Palestine and … Continue reading

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