Category Archives: Foreign Affairs Constitution

Thoughts on the Navy / Fukushima Litigation

There’s an important lawsuit currently pending in federal court in San Diego. In this post, I’ll provide a brief summary and then highlight an intriguing legal question that the parties haven’t addressed. First the summary: Two months ago, a class … Continue reading

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State Legislation on the “Sea of Japan” / “East Sea”

Recently certain Korean American groups have begun lobbying for state legislation requiring public school textbooks to explain that the “Sea of Japan” is also called the “East Sea.” Japan prefers and uses the former, while South Korea the latter. Bills … Continue reading

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New Article on the Diplomacy Powers of Congress

I’m happy to report that I have a new piece out in the Michigan Law Review. It’s entitled “Legislative Diplomacy” and provides an empirical and theoretical analysis on the extent to which Congress has constitutional authority to engage in international diplomacy. … Continue reading

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Data on Congressional Foreign Travel

If you’d like to know about some of your representative’s or senator’s foreign travel habits, you can find out at the link below. The link will download a spreadsheet containing data on all congressional foreign travel for 2009, which is … Continue reading

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Evidentiary Problems in Congressional Foreign Policymaking

Here’s an interesting news item: The Administration is reportedly preparing to bring military and political leaders of the Syrian rebels to Washington so that they can lobby Congress to approve U.S. military intervention against Assad. I mention this because it … Continue reading

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A Few Points on Syria

So many people have written about the looming Syria intervention that it’s hard to add much to the conversion, but I’d like to make a few quick points. First, regardless of what happens, international law has been a (surprisingly?) big … Continue reading

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Egypt & the Take Care Clause

In the course of recent debates over how to respond to the events in Egypt, many have pointed out that the central legal question is whether Section 508 of the Foreign Assistance Act obligates the President to cancel hundreds of … Continue reading

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A Response to the Bolton & Yoo Op-ed on the Arms Trade Treaty

A few months ago John Bolton and John Yoo published an op-ed in the Wall Street Journal criticizing the Obama Administration for promoting U.S. ratification of the Arms Trade Treaty, which the UN General Assembly adopted in April. The op-ed argues that … Continue reading

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The Decentralization of American Diplomacy

The Atlantic has a good article out right now on mayoral participation in global diplomacy. According to the authors, the practice is increasingly common and ambitious. Mayors of large cities have taken on issues ranging from global warming to nuclear disarmament, to … Continue reading

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Foreign Travel By Members of Congress (Part III)

As I explained previously (here and here), I’ve been writing a piece that examines Congress’s involvement in international diplomacy. One half of the article documents the nature and extent of the contemporary practice, while the other analyzes that practice from a separation-of-powers … Continue reading

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