International Law in the U.S. Supreme Court

This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day.

David L. Sloss (Edited by), Michael D. Ramsey (Edited by), William S. Dodge (Edited by)

9781107668751, Cambridge University Press

Paperback / softback, published 13 August 2012

632 pages
25.3 x 17.2 x 2.8 cm, 1.1 kg

From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

Part I. From the Founding to the Civil War: 1. International law in the Supreme Court, 1789–1860 David L. Sloss, Michael D. Ramsey and William S. Dodge
Part II. From the Civil War to the Turn of the Century: 2. Treaties in the Supreme Court, 1861–1900 Duncan B. Hollis
3. Customary international law in the Supreme Court, 1861–1900 David J. Bederman
4. International law as an interpretive tool in the Supreme Court, 1861–1900 Thomas H. Lee and David L. Sloss
5. A social history of international law: historical commentary, 1861–1900 John Fabian Witt
Part III. From the Turn of the Century to World War II: 6. Treaties in the Supreme Court, 1901–45 Michael P. Van Alstine
7. Customary international law in the Supreme Court, 1901–45 Michael D. Ramsey
8. International law as an interpretive tool in the Supreme Court, 1901–45 Roger P. Alford
9. Varieties and complexities of doctrinal change: historical commentary, 1901–45 Edward A. Purcell, Jr
Part IV. From World War II to the New Millenium: 10. Treaties in the Supreme Court, 1946–2000 Paul B. Stephan
11. Customary international law in the Supreme Court, 1946–2000 William S. Dodge
12. International law as an interpretive tool in the Supreme Court, 1946–2000 Melissa A. Waters
13. Global power in an age of rights: historical commentary, 1946–2000 Martin S. Flaherty
Part V. International Law in the US Supreme Court in the Twenty-First Century: 14. Medellin and Sanchez-Llamas: treaties from John Jay to John Roberts Lori F. Damrosch
15. Sosa and the derivation of customary international law John O. McGinnis
16. International law and constitutional interpretation in the twenty-first century: change and continuity Mark Tushnet
17. Empagran's empire: international law and statutory interpretation in the US Supreme Court of the twenty-first century Ralf Michaels
18. The Supreme Court, the war on terror, and the American just war constitutional tradition David Golove.

Subject Areas: Courts & procedure [LNAA], Public international law [LBB], Legal history [LAZ], Politics & government [JP]