Category Archives: U.S. Foreign Relations Law

Certificates of Competency for Nominees to be Chiefs of Mission: 1980 – 2014

Posted on February 13, 2019 by Ryan Scoville

In the Foreign Service Act of 1980, Congress mandated the creation of official records by which to assess the qualifications of ambassadorial nominees. Section 304 provides that, upon the nomination of an individual to serve in the office of ambassador, … Continue reading →

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A Closer Look at Congressional Foreign Travel

Posted on March 2, 2017 by Ryan Scoville

On Monday, Paul Singer at USA Today reported new data on the burgeoning practice of congressional foreign travel. According to Singer, federal legislators spent more government funds venturing abroad in 2016 than any other year in the past decade. Roughly … Continue reading →

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A Legal Analysis of Rep. Tulsi Gabbard’s Trip to Syria

Posted on February 13, 2017 by Ryan Scoville

Rep. Tulsi Gabbard (D-HI) has drawn attention in recent weeks for leading a delegation to Syria and Lebanon, where she reportedly met with government leaders, refugees, and members of civil society. The stated purposes were to engage in fact-finding and … Continue reading →

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Finding Customary International Law

Posted on August 8, 2016 by Ryan Scoville

I just posted the final, published version of my paper Finding Customary International Law, which came out in the Iowa Law Review last month. It’s available here.

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How Cosmopolitan Are International Law Professors?

Posted on April 22, 2016 by Ryan Scoville

Milan Markovic (Texas A&M) and I just posted a new piece about U.S. professors of international law. Here’s the abstract: This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views … Continue reading →

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New Article on Customary International Law

Posted on September 16, 2015 by Ryan Scoville

I just posted a draft of a new article that studies citations in published judicial opinions to evaluate how federal courts go about ascertaining customary international law. For those interested, it’s forthcoming in the Iowa Law Review and available here.

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Legislative Diplomacy After Zivotofsky

Posted on June 15, 2015 by Ryan Scoville

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

Posted on June 12, 2015 by Ryan Scoville

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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On the Senate Letter to Iran

Posted on March 10, 2015 by Ryan Scoville

A few quick points on yesterday’s open letter from 47 Republican Senators to the government of Iran: (1) I don’t see legislative communications with foreign governments as categorically or even mostly unconstitutional, especially when Congress doesn’t purport to speak on behalf … Continue reading →

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Residency Venue in Cases with Foreign Corporate Defendants

Posted on February 16, 2015 by Ryan Scoville

A few years ago, Congress passed the Federal Courts Jurisdiction and Venue Clarification Act of 2011, in part to resolve, as the title suggests, uncertainties concerning the old venue statute. The effort succeeded in various regards, but Congress seems to have … Continue reading →

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