Brigham Young University (BYU) law professor David H. Moore gave a lecture focused on the relationship between international law and its domestic enforcement in the United States at the Eck Hall of Law on Thursday, sponsored by the Federalist Society for Law and Public Policy.Moore said there is a fundamental conflict between two concepts: the effectiveness of international law and the integrity of proper domestic governance.“In my opinion, the Supreme Court is trying to accommodate both concerns in their decisions,” Moore said.According to Moore, the primary sources of international law are treaties, which are formal legal agreements between nations, and customary international law, which consists of non-binding conventions that countries traditionally follow. Illustrating this distinction with an example, Moore said diplomatic immunity existed as a informal mutual agreement between countries before it was codified into law with formal treaties.Moore then explained the principle of self-execution. International law that is ratified by the U.S. must include a provision that specifies in what way it should be enforced to fulfill the standard of self-execution. Otherwise, Moore said, international law cannot be enforced in the U.S., absent of authorization from a branch of government.“However, a broad notion of non-self-execution violates the Supremacy Clause [of the Constitution],” Moore said. “This is because the Supremacy Clause states that formally ratified treaties must be treated as the law of the land.”Moore said the case of Medellin v. Texas demonstrates the principle of non-self-execution. Medellin, a convicted Mexican national on death row, appealed his conviction because Texas legal authorities failed to allow him to contact the Mexican consulate in accordance with the Vienna Convention on Consular Relations. The Supreme Court sided with Texas and decided that international treaties are not applicable to domestic law unless Congress implements an enforcement statute or the treaties include self-executing provisions.“There are two basic views on relationship between customary international law and federal common law,” Moore said.The modern position believes international law can be enforced to a large extent by the courts while the revisionist camp argues it can only be enforced as authorized by Congress or the executive branch.Moore referenced the case of Sosa v. Alvarez-Machain to show how the Supreme Court interprets these two views. The case involved a suspected cartel member who had been abducted to face murder charges by the U.S. Drug Enforcement Agency. The court held that an abducted foreign national could face prosecution, but the act of kidnapping itself might be a violation of international law and thus provide grounds for civil litigation under the Alien Tort Statute.“Most scholars see the court’s decision as a victory for the modern view, but I think they confuse two questions: whether Alien Tort Statute creates a cause of action and whether customary international law is federal common law in the absence of political branch intent,” Moore said.In fact, Moore said the court’s analysis actually endorses the revisionist position with its focus on Congressional intent and concern with separation of powers.“Academic commentary is out of step,” Moore said. “Incorporation [of international law] through the political branches is the appropriate direction.”Tags: David H. Moore, domestic governance, international law, Law
Evan Ulery is the new head football coach at Batesville High School replacing long-time coach, Eric Heppner. Evan will inherit some excellent football players but will have to replace a large group of senior graduates.Evan has the following people to help with the program. They include Michael Lanning as varsity assistant; Eric Feller, Neal Ploeger, Ted Henkle, Abe Sitterding, and Ben Siefert as reserve and freshmen coaches. Jeremy Cook will act as a volunteer assistant for the high school program with emphasis on weight training.The junior high program is headed by Clay Kellerman as coordinator and Chase Meers & Tony Gausman as coaches and Josh Pohlman as a football volunteer.Good luck to Coach Ulery and his staff!*Note: I apologize to WRBI for omitting their name as a source of information for the article on the Batesville Bats which appeared on Monday.
MORE: Watch ‘ChangeUp,’ a new MLB live whiparound show on DAZNChicago’s bullpen has underwhelmed at times this season, particularly on the back end. With Brandon Morrow injured, the Cubs haven’t had a true closer, and their top setup man in recent years, Carl Edwards Jr., has slumped to a 6.23 ERA.Kimbrel gives the team an arm to rival Brewers left-hander Josh Hader as the best late-inning option in the NL Central, and someone equipped to handle the pressures of September and October. That provides immediate reassurance for fans on the North Side. In any case, Kimbrel will soon be the best reliever on his new team because, well, that’s just what he does. He has been the No. 1 bullpen man on every roster since his rookie campaign. His career ERA is 1.91, and he has racked up 333 saves in just nine seasons.Hall of Fame pitcher John Smoltz — who was a dominant closer in his own right for a four-year stretch — said he believes the Kimbrel addition could turn the tide in Chicago’s favor in the NL Central.”(They) were missing that ‘it’ factor,” Smoltz said on DAZN’s “ChangeUp.” “They’ve got that now . . . where it’s like, ‘OK we’ve got a guy for the end of the game.'”He’s not going to pitch in the seventh, he’s not going to pitch in the eighth. He’s pretty much locked down in the ninth.” Craig Kimbrel is now the presumed Cubs closer after reportedly agreeing to a three-year, $43 million contract with Chicago on Wednesday night. He’d gone the entire offseason and the first part of the regular season without a deal despite being widely regarded as one of the best relief pitchers in baseball.Can he perform at a high level right away given his extended absence from the mound? It might take a couple of weeks to become acclimated to MLB rigors again, but one would assume he has adhered to an extended offseason throwing program. It might even have been best for him to receive an extended break given the 10 2/3 high-stress innings he threw in last year’s postseason after the Red Sox rode him hard down the stretch.
Basketball players of Brooklyn Nets celebrated the 5th victory in the last 6 games of the NBA League.The Nets beat the Sacramento Kings with the result of 104:89.Bosnian basketball player in the local team jersey, Mirza Teletovic, scored 9 points, with 4 jumps and 3 assists in 18 minutes.The most efficient players for the Nets were Marc Thornton, with 27 points and Joe Johnson with 18 points. On the other side, the most efficient player of the Kings was Damarcus Cousins, with 27 points and 20 jumps.(Source: Fena)