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Category Archives: U.S. Foreign Relations Law
Certificates of Competency for Nominees to be Chiefs of Mission: 1980 – 2014
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
Posted in U.S. Foreign Relations Law
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A Closer Look at Congressional Foreign Travel
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
Finding Customary International Law
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.
How Cosmopolitan Are International Law Professors?
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
New Article on Customary International Law
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.
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
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
On the Senate Letter to Iran
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
Residency Venue in Cases with Foreign Corporate Defendants
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
Posted in U.S. Foreign Relations Law
Tagged 1391, federal venue, foreign corporations
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