There is a growing judicial and legislative consensus that American courts can go after foreign thugs who come to the United States.
It is the legislative branch and not the courts that is the proper institution for answering these questions.
Two flagrant examples are in Ohio and Illinois, where the states' supreme courts nullified major legislative reforms of tort law.
We should not forget that an appeal to our courts to remedy legislative neglect is not without precedent: witness the 1954 ruling by the Warren court in the struggle for racial equality in Brown v Board of Education.
The fact that a democratically elected Congress failed to enact such measures can be viewed as a democratic and legislative endorsement of one role which courts play in shaping American public policy.
If so, it is time for those sworn to uphold our Constitution - law enforcement agencies, the courts and the executive and legislative branches - to monitor such activities and, where appropriate, take corrective action.
CENTERFORSECURITYPOLICY: New Shariah study documents Islamist threat
The legislative history suggests that its purpose was to open federal courts to legal claims by foreign ambassadors serving in the U.S., and the statute remained in relative obscurity for its first 171 years, being invoked only three times.
FORBES: The Supreme Court Blocks The Politicization Of International Law
While the courts have not yet entered the fray, the executive and legislative branches have laid down some markers.
Common law courts have the inherent power to evolve the law, and judicial evolution sidesteps the messy legislative sausage-making process.
FORBES: Two Challenges to Fixing Software Patents (Part 2 of 3)
Although the European legislative landscape for antitrust follow-on claims remains ill-defined, cases are nonetheless being brought in courts across member states in increasing numbers.
FORBES: EU Expected To Hit Hard On Antitrust Enforcement In 2013
Second, net neutrality proponents pushed FCC regulations over the strong Constitutional objections of both Congress and the Courts, whereas opponents of online piracy are working through, and within, the Constitution-authorized Congressional legislative process to devise a court-injunction process that ensures Constitutional due process.
应用推荐