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Rethinking Early Judicial Involvement in Foreign Affairs: An Empirical Study of the Supreme Court's Docket |
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Ariel N. Lavinbuk [View as PDF]
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114 Yale L.J. 855 (2005)
Mainstream and revisionist scholars advance radically different histories of early judicial involvement in foreign affairs. By reconstructing the foreign affairs docket of the Jay and Marshall Courts, this Note presents empirical evidence with which these claims can be evaluated. In finding that one-fourth of the Court's caseload involved international disputes, and in presenting summary statistics on the parties, jurisdictions, areas of law, and kinds of disputes involved in these 323 cases, this Note concludes that scholars have not fully appreciated the degree of judicial involvement in foreign affairs or the reasons for it.
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