Curtis J. Mahoney

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Treaties as Contracts: Textualism, Contract Theory, and the Interpretation of Treaties

116 Yale L.J. 824 (2007) With the nation's treaty obligations proliferating and foreign affairs cases taking up a growing share of the Supreme Court's docket, it is surprising how undertheorized the field of treaty interpretation remains. To fill this void, some have suggested that textualism, which has had a major impact on statutory interpretation over the past two decades, should...