Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogParry on the Law of Treaties in the Roberts Court
By Lawrence Solum
-
This short essay in the Texas Law Review's on-line companion, See Also, responds to Professor Ernest Young's important article, ?Treaties as 'Part of Our Law.? Young defends the Roberts Court's recent decisions on the U.S. legal status of treaties and argues that treaties should have roughly the same status as federal statutes. I applaud Young's effort to put treaties and statutes on roughly equal footing, but I take issue with his analysis on several points, including whether federal courts should give some deference to the decisions of foreign courts, the relevance of the specificity or vagueness of human rights treaties to the question whether a treaty is self-executing, the existence of rights of action to enforce treaty provisions, and the reasons why not all treaty provisions are self-executing despite the sweeping language of the supremacy clause. I also suggest that Young's defense of the Roberts Court's decisions requires him to rewrite or re-reason the Court's opinions, and I note that this need to rewrite is something common to defenders of those decisions.
Full post as published by Legal Theory Blog on June 02, 2010 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Ebay Fined
French Court Sets Fine at $61 Million
Personal Injury
Appeals Court Upholds Congressional Legislation
Tomato Salmonella
Sheetz Convenience Stores agrees to confidential out-of-court settlement with food poisoning victim.
National Association of Realtors
Settlement reached in broker listing antitrust lawsuit, pending court approval.
Missouri Attorney General's Office
$26,000 settlement reached in disability discrimination lawsuit, pending court approval.
Rutland School District
Double pay offered as part of class action wage dispute settlement, pending court approval.

New L&C Law Scholarship: A Primer on Treaties and 1983 after Medell’n v. Texas
Parry on Congress, the Supremacy Clause, and the Implemenation of Treaties (and the role of history)
Parry on the "Torture Lawyers" and Guilty Minds
Still Standing in the Roberts Court:








