Brief of Amici Curiae Professors of Foreign Relations Law, United States v. California

28 Pages Posted: 22 Apr 2020

See all articles by William S. Dodge

William S. Dodge

University of California, Davis - School of Law

Jean Galbraith

University of Pennsylvania Law School

Date Written: February 15, 2020

Abstract

This amicus brief of Professors of Foreign Relations Law was filed with the U.S. District Court for the Eastern District of California in United States v. California, a case challenging the constitutionality of California’s cap-and-trade agreement with Quebec. The brief was written by Professors William S. Dodge and Jean Galbraith, and was joined in addition by Professors Evan J. Criddle, Kristina Daugirdas, Michael J. Glennon, Monica Hakimi, Sharmila L. Murthy, John T. Parry, Kal Raustiala, Robert D. Sloan, David L. Sloss, Peter J. Spiro, and Beth Van Schaack. The brief argues that California’s agreement is neither a treaty prohibited by the Treaty Clause in Article I of the U.S. Constitution nor a compact requiring congressional approval under the Compact Clause in Article I of the U.S. Constitution.

Keywords: climate change, compact clause, treaty clause

Suggested Citation

Dodge, William S. and Galbraith, Jean, Brief of Amici Curiae Professors of Foreign Relations Law, United States v. California (February 15, 2020). Available at SSRN: https://ssrn.com/abstract=3561983 or http://dx.doi.org/10.2139/ssrn.3561983

William S. Dodge (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

Jean Galbraith

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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