
Published online:
20 April 2015
Published in print:
05 April 2012
Online ISBN:
9780190260019
Print ISBN:
9780199837427
Contents
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I. Sosa v. Alvarez-Machain I. Sosa v. Alvarez-Machain
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A. The Alien Tort Statute and the Supreme Court A. The Alien Tort Statute and the Supreme Court
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B. Customary International Law, the States, and Presidential Review B. Customary International Law, the States, and Presidential Review
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II. Medellín v. Texas II. Medellín v. Texas
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A. Dueling Courts and the Vienna Convention A. Dueling Courts and the Vienna Convention
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B. Medellín and Non-Self-Execution at the Supreme Court B. Medellín and Non-Self-Execution at the Supreme Court
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III. Hamdan v. Rumsfeld III. Hamdan v. Rumsfeld
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A. The 9/11 Attacks and Military Commissions A. The 9/11 Attacks and Military Commissions
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B. Military Commissions and the Supreme Court B. Military Commissions and the Supreme Court
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C. The War on Terrorism and the Judicial Role C. The War on Terrorism and the Judicial Role
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IV. Conclusion: Boumediene IV. Conclusion: Boumediene
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Chapter
7 Globalization and Constitutional Controversy
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Pages
177–226
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Published:April 2012
Cite
Ku, Julian, and John Yoo, 'Globalization and Constitutional Controversy', Taming Globalization: International Law, the U.S. Constitution, and the New World Order (New York , 2012; online edn, Oxford Academic, 20 Apr. 2015), https://doi.org/10.1093/acprof:osobl/9780199837427.003.0007, accessed 13 May 2025.
Abstract
This chapter focuses on recent Supreme Court cases that involve international law. These include Sosa v. Alvarez-Machain, Medellin v. Texas, and Hamdam v. Rumsfeld. These cases represent the struggles that not only the judicial process have with the effects of globalization but the American governmental system as a whole. This chapter breaks down each case and looks at how the Supreme Court dealt with the challenges posed in the previous chapters.
Keywords:
globalization, United States Supreme Court, international law, Sosa v. Alvarez-Machain, Medellin v. Texas, Hamdam v. Rumsfeld
Subject
Public International Law
Collection:
Oxford Scholarship Online
Taming Globalization: International Law, the U.S. Constitution, and the New World Order. Julian Ku and John Yoo, Oxford University Press (2012). © Julian Ku and John Yoo. DOI: 10.1093/acprof:osobl/9780199837427.003.0007
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