Treaty-Based Rights and Remedies of Individuals

Treaties are frequently described as contracts between nations. As instruments of international law, they establish obligations with which international law requires the parties to comply. In the United States, treaties also have the status of law in the domestic legal system. The Supremacy Clause declares treaties to be the supreme Law of the Land and instructs the courts to give them effect. The status of treaties as law in two distinct legal orders has given rise to unusual conceptual problems. In recent years, it has produced confusion among the courts regarding the enforceability of treaties in the courts by individuals. As Chief Justice Marshall long ago observed, [t]he province of the court is, solely, to decide on the rights of individuals .... Accordingly, it is frequently said that treaties are enforceable by individuals in our courts only when they confer rights on individuals. Yet it is widely held that treaties, as international instruments, establish legal obligations and correlative legal rights only of the nations that are parties to them, not of individuals

Review of Double Threat: Canadian Jews, the Military, and World War II by Ellin Bessner

Review of Double Threat: Canadian Jews, the Military, and World War II by Ellin Bessne

Seasonal Shoot-Feeding by \u3ci\u3eTomicus Piniperda\u3c/i\u3e (Coleoptera: Scolytidae) in Michigan

Seasonal shoot-feeding by Tomicus piniperda (L.) was monitored at 2­ week intervals on 15 Scotch pine, Pinus sylvestris L., trees from 8 April through 16 November 1994 in southern Michigan. All shoots that showed evidence of T. piniperda attack were removed every two weeks. In 1994, initial spring flight of T. piniperda began on 22 March. At least two live T. piniperda adults were found on the 15 trees on each sampling date from 8 April through 1 November 1994. In addition, at least one freshly attacked, beetle- free shoot was found on each sampling date except for 1 November. The greatest numbers of newly attacked shoots, with or without adults present, were found from mid-June through mid-August. All adults found in April and May were likely parent adults, while those from June onward were primarily brood adults. Therefore, at all times of the year, live T. piniperda adults can be found on live pine trees, either feeding in the shoots or overwintering at the base of the trunk. Implications of these findings are provided in light of the US federal quarantine on T. piniperda

Sovereignty and the American Courts at the Cocktail Party of International Law: The Dangers of Domestic Judicial Invocations of Foreign and International Law

Part I of this Article presents the background regarding the invocation of foreign and international law in federal courts. It discusses their use as precedential and supportive sources of authority and as the bases for legal liability. Part II discusses the fundamental infirmities and dangers related to the invocation of international and foreign law in U.S. jurisprudence. Further, this Part discusses the implications of such behavior on sovereignty, the rule of law, democratic values, constitutional adherence, foreign policy, and development. In conclusion, this Article finds that adherence or even reference to foreign and international authorities should be avoided if the foundational principles of the Republic are to be respected

A Collacon on Collacon

Mellen and I were exploring the depths of logology one day, when she suddenly stopped short, and uttered a single word, collacon. \u27Collacon?\u27 My dear Mellen --- ? That, she replied, is your challenge