International Law Outline



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Bricker Amendment1950s – amend Constitution to overrule Missouri

  1. Southern senators concern with UN Charter and UDHR. Worried it would give Congress power

  • Reid v. Covert – SCOTUS – 1957 (277-79)

    1. Woman killed sergeant husband on airbase in England. Tried by military authorities under Uniform Code of Military Justice.

    2. Response to Bricker Amendment – in terms of Bill of Rights, int’l treaties can’t trump.

      1. Distinction between INDIVIDUAL rights and STATE rights (thus distinguishing Missouri)

        1. Also distinguishes by saying there was no SPECIFIC conflict of laws in Missouri

  • Monist v. Dualist

    1. Monist – executive and judiciary are bound by int’l law. In conflicts of law – int’l law wins.

    2. Dualist – domestic law and international law are separate. State has right to determine how it articulates/integrates international law.

      1. Governs different actors and issues

        1. Int’l law – relations AMONG states

        2. Domestic law – relations between state and citizens, or among citizens

    3. Most states – somewhere on spectrum in between

  • NAFTA – C-E agreement

    1. 1992 – NAFTA negotiated between US, Canada, and Mexico

    2. Executive (pushing for free trade – better access to markets) v. Domestic NGOs/States (worried this will jeopardize their production)

      1. Unlikely that Senate will provide supermajority for US to ratify and make this Article II Treaty.

    3. 1993 – both House and Senate pass NAFTA, signed into law.


    4. Directory: sites -> default -> files -> upload documents
      upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
      upload documents -> Federalism – The Structure of Government
      upload documents -> General Info About Property law
      upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
      upload documents -> Property with Professor Vicki Been
      upload documents -> Property Outline – Professor Upham, Spring 2000
      upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
      upload documents -> Complex federal investigations
      upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
      upload documents -> Pricing v. Sanctions


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