Now showing items 1-20 of 20

    • Wuerth, Ingrid Brunk (Notre Dame Law Review, 2010)
      Federal courts faced with Alien Tort Statute cases have applied customary international law to some issues and federal common law to others. This binary approach is analogous in certain respects to a Bivens action, with ...
    • Wuerth, Ingrid Brunk (Boston College Law Review, 2005)
      Although international law has figured prominently in many disputes around actions of the U.S. military, the precise relationship between international law and the President's war powers has gone largely unexplored. This ...
    • Wuerth, Ingrid Brunk (University of Chicago Law Review, 2009)
      The Captures Clause of the United States Constitution gives Congress the power to "make Rules concerning Captures on Land and Water." A variety of courts, scholars, politicians and others have recently cited the Clause to ...
    • Wuerth, Ingrid Brunk; Helfer, Laurence r. (Michigan Journal of International law, 2016)
      Contemporary international lawmaking is characterized by a rapid growth of “soft law” instruments. Interdisciplinary studies have followed suit, purporting to frame the key question states face as a choice between soft and ...
    • Wuerth, Ingrid Brunk (Harvard International Law Journal, 2003)
      During the final months of the Clinton administration, the State Department entered into a trio of unprecedented international agreements with France (the "French Agreement"), Germany (the "German Agreement"), and Austria ...
    • Wuerth, Ingrid Brunk (Virginia Journal of International Law, 2011)
      The immunity of foreign states from suit in U.S. courts is governed by a federal statute, the Foreign Sovereign Immunities Act (FSIA). This statute does not apply to the immunity of individual foreign officials, however, ...
    • Wuerth, Ingrid Brunk (Georgetown Law Journal, 2018)
      The federal common law of foreign relations has been in decline for decades. The field was built in part on the claim that customary international law is federal common law and in part on the claim that federal judges ...
    • Wuerth, Ingrid Brunk (Marquette Law Review, 2018)
      It is a great honor to deliver this lecture in honor of the late Dean Robert F. Boden. I am grateful to all of you for attending. My topic tonight is international law and peace among nations. It may seem a poor fit for a ...
    • Wuerth, Ingrid Brunk (Michigan Law Review, 2007)
      The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of ...
    • Wuerth, Ingrid Brunk (Melbourne Journal of International Law, 2012)
      National court litigation in Greece and Italy prompted Germany to bring suit before the international Court of Justice (‘ICJ’), resulting in the Jurisdictional Immunities of the State judgment. The history of that litigation, ...
    • Wuerth, Ingrid Brunk (Texas Law Review, 2017)
      International law is in a period of transition. After World War II, but especially since the 1980s, human rights expanded to almost every corner of international law. In doing so, they changed core features of international ...
    • Wuerth, Ingrid Brunk (Lewis & Clark Law Review, 2008)
      The Supreme Court's 2008 decision in Medellin v. Texas appears to represent a formalist turn in the Court's approach to foreign relations cases. The opinion emphasizes text as the key to treaty interpretation and it stresses ...
    • Sitaraman, Ganesh; Wuerth, Ingrid Brunk (Harvard Law Review, 2015)
      The defining feature of foreign relations law is that it is distinct from domestic law. Courts have recognized that foreign affairs are political by their nature and thus unsuited to adjudication, that state and local ...
    • Wuerth, Ingrid Brunk (Saint Louis University Law Journal, 2008)
      Legal scholarship on foreign affairs frequently focuses on the Constitution's text and original meaning, but generally does not fully engage debates about originalism as a method of modern constitutional interpretation. ...
    • Wuerth, Ingrid Brunk (Northwestern University Law Review, 2004)
      This article uses three sets of cases from the War of 1812 to illustrate three problems with how modern courts have approached the detention of "enemy combatants" in the United States. The War of 1812 cases show that modern ...
    • Wuerth, Ingrid Brunk (Vanderbilt Journal of Transnational Law, 1998)
      The sharply contested religion cases from Germany in the late 1990s...point to problems with our growing reliance on private religious choice analysis that demand our attention in both government funding and speech cases. ...
    • Wuerth, Ingrid Brunk (Vanderbilt Journal of Transnational Law, 2011)
      If the international law of immunity once purported to make foreign states, their rulers, their officials, and their boats all identical in some sense--the sovereign equality of states--today immunity distinguishes and ...
    • Wuerth, Ingrid Brunk (German Law Journal, 2009)
      I am tasked today with talking about transnationalization, in particular the question of whether public law in the United States is undergoing some process of transnationalization today. My response, based on the work ...
    • Moore, John Norton, 1937-; Lalonde, Suzanne; Kraska, James; De Mestral, Armand L. C.; Wuerth, Ingrid Brunk (Vanderbilt University Law School, 2009-02-11)
    • Moore, John Norton, 1937-; Lalonde, Suzanne; Kraska, James; De Mestral, Armand L. C.; Wuerth, Ingrid Brunk (Vanderbilt University Law School, 2009-02-11)