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008			110920s2012 enk b 001 0 eng
010			_a 2011039607
019			_a720831373
020			_a9780199837427 : _c35.00
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042			_apcc
043			_an-us---
050	0	0	_aKF4581 _b.K8 2012
069			_a09350116
090			_aKF 4581 .K8 2012
100	1		_aKu, Julian. _937064
245	1	0	_aTaming globalization : _binternational law, the U.S. Constitution, and the new world order / _cJulian Ku, John Yoo.
260			_aOxford ; _aNew York : _bOxford University Press, _cc2012.
300			_aviii, 272 p. ; _c25 cm.
336			_2rdacontent _atext _btxt
337			_2rdamedia _aunmediated _bn
338			_2rdacarrier _avolume _bnc
504			_aIncludes bibliographical references and index.
505	0		_aGlobalization and the Constitution -- Globalization and sovereignty -- Globalization and structure -- Non-self-execution -- Presidents and customary international law -- Globalization and the states -- Globalization and constitutional controversy -- Foreign law and the constitution -- Conclusion.
520			_a"In 1997, a Mexican national named Josob Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to a new trial, since the arresting officers had not informed him of his right to seek assistance from the Mexican consulate prior to trial, as prescribed by a treaty ratified by Congress in 1963. In 2008, amid fierce controversy, the U.S. Supreme Court declared that the international ruling had no weight. Medellin subsequently was executed. As John Yoo and Julian Ku show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Yoo and Ku argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation. Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate"-- _cProvided by publisher.
650		0	_aInternational and municipal law _zUnited States. _9139094
650		0	_aConstitutional law _zUnited States. _9139095
650		0	_aLaw and globalization _zUnited States. _9139096
700	1		_aYoo, John. _9139097
852	1		_9P35.00usd
907			_a37399 _b12-06-12 _c12-04-12
942			_cBOOK _00
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