Political Questions/Judicial Answers: Does the Rule of Law Apply to Foreign Affairs?

By Thomas M. Franck | Go to book overview

Index
abortion rights, 83–84
act-of-state doctrine, 49, 96, 97, 98–101
Administrative Procedure Act, 28
Agency for International Development, 83–84
air carrier liability, 7, 5
air carrier routes, 56
Algeria, 71
Algonquin SNG Inc. v. Federal Energy Administration,7, 2
Alien Registration Act of 1940, 54
alien rights, 54–55, 133, 135. See also immigration
American Telephone and Telegraph Company, 90–92, 150–51
appointments, 26–27
apportionment, 19
Argentina, 46
arms embargo, 14
Articles of War, 78
asylum, 116
AT&T case, 90–92, 150–51
Baker v. Carr,19, 35, 37, 38, 47, 48, 89, 95
Banco Nacional de Cuba v. Sabbatino,49, 98– 101
Barnes v. Kline,20
Barry, M., 81
Basic Law, of West Germany. See German constitutional law
Belk v. U.S.,28
Belmont decision, 50–53, 68, 73
Berk v. Laird,77
Bermuda, 71–72
Bickel, Alexander, 31, 58, 153
Black, Hugo, 35
Blackstone, William, 32
Bork, R., 27, 81
boundary disputes, 22, 46
Brandt, Willi, 110
breach of contract, 12
Brennan, William, 19, 35, 37, 38, 135
British law, 107; civil rights vs., 76–77; executive immunity in, 127; treaty breaches in, 12; U.S. political-question doctrine and, 12–14, 21, 32–33
British parliamentary system, 5, 32–33
British territories, 46, 71–72
Burger, Warren, 36, 89, 129
business: disputed foreign concessions and, 48–49; import license fees, 72–73; sovereign immunity and, 102–3. See also property rights
Cambodia, 27, 47–48
Canadian law, 125, 183n.55
Carter, J., 68
censorship, 79–80. See also sensitive information
Central Intelligence Agency (CIA), 28, 141–144
certiorari, 10, 43, 135
Chadha case, 88–90, 95, 129
Chemical Weapons Case,119
Cherokee tribe, 11–12, 59–60, 162n.20
Chicago & Southern Air Lines v. Waterman Steamship Corp.,56–57
citizenship, 113–15, 120, 133, 135
Civil Aeronautics Board, 56, 76
civil rights: Freedom of Information model, 134–44; German cases, 111–12, 122–23; resident alien political beliefs, 54–55; state interests vs., 76–90
civil war, 23, 33–34
Clark v. Allen,25–26
classified information, 79–80, 140–44, 188n.38. See also sensitive information
Classified Information Procedures Act (CIPA), 145–48
Coffin, F., 7, 7
Cohens v. Virginia,18
Colegrove v. Green,19
Coleman v. Miller,18–19
common law, 62

-193-

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