Justiciability
Article Abstract:
The US Supreme Court in Lujan v Defenders of Wildlife denied standing to environmental groups seeking to sue to protect endangered species. Justice Scalia held that under the Take Care Clause of Article II Congress could not create individualized procedural rights such as the citizen suit provision of the Endangered Species Act. This decision marks a shift in separation of powers analysis from limiting the judiciary to protecting executive power. The change reflects Justice Scalia's policy preference for the executive, rather than the textualist interpretation of the Constitution he advocates.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Personal jurisdiction
Article Abstract:
The US Supreme Court in United States v Alvarez-Machain held that the Extradition Treaty between Mexico and the US had not been violated by the abduction of a Mexican national wanted by the Drug Enforcement Agency. The wording of the court's decision was overly broad and failed to consider the relationship between customary international law and US law. Although customary international law has long been held to be incorporated into US law, this decision irresponsibly relegates it to a marginal role.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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