Chinese Exclusion Case

The Chinese Exclusion Case, was referenced in our text examination of the last-in-time rule. Here we see the mischief of Justice Grey's Paquete Habana dictum about the executive power.

World Trade and Davos Meeting

The key issues identified for this year's meeting in Davos, Switzerland are part of the "shifting" theme: global climate change (AKA global warming) is expected to cause shifts, and emerging markets are also expected to cause shifts in trade practices. See the meeting.

U.S. Military Tribunals

The U.S. has issued its manual for military commissions. It's available at
this DOD site.
The rules are surprising, according to Jurist, because they are more restrictive than the ones struck down by the U.S. Supreme Court in Hamdi. The Court ruled the old rules a violation of military rules and of the Geneva Conventions.

The new rules do not, for example, let defense counsel see the information being used against the accused, just summaries of the information. Earlier rules let counsel, but not the defendant, see the evidence. The new rules prohibit torture, but allow "coercion" to collect evidence. Know the difference? It's not made clear. For an update, see Jurist.

Erie and the Intersection of IL and US Law

See
Berkeley Journal of International Law 2006, 24 Berkeley J. Int'l L. 273, Supremacy and Diplomacy: The International Law of the U.S. Supreme Court by Harlan Grant Cohen.

Students may access this article through the library online database (off-campus link if appropriate) and then select legal research/law reviews. Off-campus students will need their library barcode to authenticate and then return to select Lexis/Nexis Academic (looks like a loop, but it will work the second time). For International Law students, read this article as a companion to the Erie case on the syllabus.

James Madison Lecture Series

As we start the Modern American Law course, we will discuss how to brief a case. Marbury v Madison is a good example of a case that has been misused in following cases, and we will brief it carefully. You might enjoy the Clinton lecture.