Download This PaperA Tragi-Comedy of Errors Erodes Self-Execution of Treaties: Medellin v. Texas and Beyond
22 Pages Posted: 9 Jun 2012
Date Written: June 8, 2012
Abstract
In Medellin v. Texas (2008), the U.S. Supreme Court further mystified the already ambiguous doctrine of self-execution of treaty provisions that create rights for individuals. Lower court self-execution decisions since Medellin suggest that, at least in certain classes of cases, the potentially broad language in Medellin that appears to restrict self-execution is being ignored.
Keywords: treaties, self-execution, Supremacy Clause
JEL Classification: K33
Suggested Citation: Suggested Citation
Quigley, John Bernard, A Tragi-Comedy of Errors Erodes Self-Execution of Treaties: Medellin v. Texas and Beyond (June 8, 2012). Ohio State Public Law Working Paper No. 170, Available at SSRN: https://ssrn.com/abstract=2080130 or http://dx.doi.org/10.2139/ssrn.2080130
John Bernard Quigley (Contact Author)
Ohio State University (OSU) - Michael E. Moritz College of Law ( email )
55 West 12th Avenue
Columbus, OH 43210
United States
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