FUNDING for this study was generously provided by the Filomen D'Agostino and Max E. Greenberg Research Fund of New York University School of Law, which, guided by its diligent faculty committee, has transformed the climate for serious writing at my home institution.
When setting forth, it seemed useful to compare the practice of U.S. courts in cases with serious foreign-policy implications with the work of the German Constitutional Court. The U.S. and German federal constitutions are very similar, which makes comparison of the respective judicial practices both feasible and enlightening. The Max-Planck Institute of International and Public Law (MPI) invited me to work in that eminent institution, and its directors—especially Dr. Rudolf Bernhardt and Dr. Jochen Abr. Frowein—were constantly helpful and encouraging. So were other members of the scintillating faculty: Dr. Juliane Kokott, Dr. Georg Nolte, Prof. Karl Doehring, and Dr. Torsten Stein. Special thanks are due to MPI's wonderfully knowledgeable head librarian, Dr. Joachim Schwietzke.
During the New York phase of my research I was fortunate to be assisted by several outstanding NYU law students, including Deborah Niedermeyer, Michael S. Nelson, J. Russell Bulkeley, Julie L. Novkov, Dennis Sughrue, and Kieran J. Fallon.
As always, my warmest thanks go to my administrative assistant, Rochelle Fenchel, who in the course of this writing has made the transition from a word star to being word (and otherwise) perfect.
New York
July 1991
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