Ariel N. Lavinbuk

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Breaking with Custom

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Rethinking Early Judicial Involvement in Foreign Affairs: An Empirical Study of the Supreme Court's Docket

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...