Published online by Cambridge University Press: 20 January 2017
1 This book was published before the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), which has reduced the prospects for litigation under the Alien Tort Statute. Kiobel was the subject of an International Decision in the July 2013 issue of AJIL; the Agora “Reflections on Kiobel “ was published in the October 2013 issue; and the Agora was extended in January 2014 with the online publication of AJIL UNBOUND. The entire set of articles is available at http://www.asil.org/resources/american-journal-international-law.
2 John Stuart Mill, On Liberty 12 (1859) (1921 ed.).
3 See also Dudziak, Mary L., Toward a Geopolitics of the History of International Law in the Supreme Court, 105 ASIL Proc. 532, 534–37 (2011)Google Scholar (critiquing the book as failing to engage adequately with the relationship between the Cold War and the Supreme Court’s jurisprudence).
4 Cleveland, Sarah H., Our International Constitution, 31 Yale J. Int’l L. 1, 7 (2006)Google Scholar.
5 see Galbraith, Jean, International Law and the Domestic Separation of Powers, 99 VA. L. Rev. 987, 1008–32 (2013)Google Scholar (exploring how international law has influenced how the political branches have interpreted the separation of foreign affairs powers).
6 Pound, Roscoe, The Pioneers and the Common Law, 27 W. VA. L.Q. 1, 7 (1921)Google Scholar.