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Delegation and Conflicts (of Law)

Peter B. Rutledge

University of Georgia Law School

September 11, 2009

George Mason Law Review, Forthcoming
UGA Legal Studies Research No. 09-018

The Supreme Court's recent decision in Medellin rekindled a long-standing debate over delegation, which concerns the legal effect given to the decisions of foreign bodies (like the International Court of Justice) in the United States. Drawing on conflicts-of-law principles, this paper identifies and seeks to correct three distortions in the debate. First, it broadens the definition of delegation. Second, it advances a more nuanced system for classifying different types of delegations. Third, it wades into the normative debate over the desirability of various delegations. The closing section draws a parallel between the strategies employed in Medellin to those employed in the EC to expand the reach of European law in Member States.

Number of Pages in PDF File: 37

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Date posted: September 13, 2009 ; Last revised: December 16, 2009

Suggested Citation

Rutledge, Peter B., Delegation and Conflicts (of Law) (September 11, 2009). George Mason Law Review, Forthcoming; UGA Legal Studies Research No. 09-018. Available at SSRN: http://ssrn.com/abstract=1471958

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Peter B. Rutledge (Contact Author)
University of Georgia Law School ( email )
Athens, GA 30602
United States

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