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List of Contributors | p. xi |
Table of Cases | p. xix |
Acknowledgments | p. xxxv |
Introduction | p. 1 |
From the Founding to the Civil War | |
International Law in the Supreme Court to 1860 | p. 7 |
From the Civil War to the Turn of the Century | |
Treaties in the Supreme Court, 1861-1900 | p. 55 |
Customary International Law in the Supreme Court, 1861-1900 | p. 89 |
International Law as an Interpretive Tool in the Supreme Court, 1861-1900 | p. 124 |
A Social History of International Law: Historical Commentary, 1861-1900 | p. 164 |
From the Turn of the Century to World War II | |
Treaties in the Supreme Court, 1901-1945 | p. 191 |
Customary International Law in the Supreme Court, 1901-1945 | p. 225 |
International Law as it an Interpretive Tool in the Supreme Court, 1901-1945 | p. 257 |
Varieties and Complexities of Doctrinal Change: Historical Commentary, 1901-1945 | p. 285 |
From World War II to the New Millennium | |
Treaties in the Supreme Court, 1946-2000 | p. 317 |
Customary International Law in the Supreme Court, 1946-2000 | p. 353 |
International Law as an Interpretive Tool in the Supreme Court, 1946-2000 | p. 380 |
Global Power in an Age of Rights: Historical Commentary, 1946-2000 | p. 416 |
International Law in the U.S. Supreme Court in the Twenty-First Century | |
Introductory Note | p. 443 |
Treaties After 2000 | |
Main Essay - Medellin and Sanchez-Llamas: Treaties from John Jay to John Roberts | p. 451 |
Response Essay - The Benefits of Avoiding Conflicts between the Constitution and International Law | p. 465 |
Response Essay - Medellin and the Passive Vices | p. 472 |
Customary International Law After 2000 | |
Main Essay - Sosa and the Derivation of Customary International Law | p. 481 |
Response Essay - ôCheap Talkö about Customary International Law | p. 494 |
Response Essay - History, Ideology, and Erie v. Tompkins | p. 499 |
International Law and Constitutional Interpretation After 2000 | |
Main Essay - International Law and Constitutional Interpretation in the Twenty-First Century: Change and Continuity | p. 507 |
Response Essay - Why Constitutional Comparativism Is Different: A Response to Professor Tushnet | p. 518 |
Response Essay - Judicial Dialogue in Roper: Signaling the Court's Emergence as a Transnational Legal Actor? | p. 523 |
International Law and Statutory Interpretation After 2000 | |
Main Essay - Empagran's Empire: International Law and Statutory Interpretation in the U.S. Supreme Court of the Twenty-First Century | p. 533 |
Response Essay - Loose Canons: International Law and Statutory Interpretation in the Twenty-First Century | p. 547 |
Response Essay - Empagran; Empire Building or Judicial Modesty? | p. 553 |
International Law and the War on Terror | |
Main Essay - The Supreme Court, the War on Terror, and the American Just War Constitutional Tradition | p. 561 |
Response Essay- Constitutional Resolve in a World Changed Utterly | p. 575 |
Response Essay - Judicial Imperialism and the War on Terror Cases | p. 582 |
Conclusion | |
Continuity and Change over Two Centuries | p. 589 |
Index | p. 607 |
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