University of Virginia Legal Working Paper Series
University of Virginia Public Law and Legal Theory Working Paper Series
Open Doors
Article comments
Forthcoming: 12 Lewis & Clark L. Rev. (2008)
Abstract
The Supreme Court’s decision in Medellín v. Texas has attracted great attention and much criticism from international law specialists. It is unclear, however, how much the opinion constrains future judicial decisions. This article addresses two issues that the Court did not resolve. It argues that, as a general manner, the claim that U.S. courts should accord comity to the decisions of international tribunals rests on a false premise, namely that international tribunals have the capacity to engage in reciprocal relations with domestic judiciaries. Second, the Court has not fully considered in what manner a treaty might delegate authority to the Executive to engage in lawmaking, and what factors a court might depend on to determine that such a delegation has occurred.
Subject Area
International Law, Public Law and Legal Theory
Recommended Citation
Paul B. Stephan,
"Open Doors"
(October 2008).
University of Virginia Legal Working Paper Series.
University of Virginia Public Law and Legal Theory Working Paper Series.
Working Paper 108.
http://law.bepress.com/uvalwps/uva_publiclaw/art108
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