Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogLawson & Sloane on Puerto Rico's Legal Status
By Lawrence Solum
Gary Lawson & Robert D. Sloane (Boston University - School of Law) have posted The Constitutionality of Decolonization: Puerto Rico's Domestic and International Legal Status (Boston College Law Review, Vol. 50) on SSRN. Here is the abstract:
International law and constitutional law collide in the present relationship between the United States and Puerto Rico. As a matter of international law, it is unclear that the current relationship between the United States and Puerto Rico in fact conforms to customary international law on decolonization, human rights, and self-determination, as well as explicit U.S. treaty obligations; and as a matter of domestic law, it is unclear that the Constitution permits an arrangement between Puerto Rico and the United States-short of separation (independence) or integration (statehood) - that could conform to these norms of contemporary international law. In particular, where, as in Puerto Rico, decolonization takes the form of associated statehood, the Appointments Clause and the Constitution's voting provisions may well be in tension with contemporary international law.
In this article, a collaborative effort by scholars focused on constitutional and international law, respectively, we seek to clarify formerly unacknowledged tensions in the relationship between Puerto Rico and the United States and to explore potential means by which they might be resolved. One of us adopts a formalist, plain - meaning originalist view of the Constitution, which throws into sharp relief the arguable constitutional defects in the present U.S.-Puerto Rican relationship established more than fifty years ago. The other does not embrace this kind of rigid originalism and therefore would not be as quick to exclude a potential resolution of the tensions between international and constitutional law by means of constitutional interpretation. The authors agree, however, that those tensions can no longer be neglected in a State committed to the rule of law. The authors also agree (and aspire to be living proof) that several of the most troubling of the arguable obstacles to constitutional self-governance for Puerto Rico as a State freely associated with the United States can be resolved - with a modest amount of political will and creativity - in a manner that, in effect, elides the oft-intractable debates that afflict modern constitutional theory: substantive, even if not formal, international legal compliance can be established in a fashion that avoids perennially debated issues of constitutional law and theory. Above all, we seek to facilitate a long-overdue discussion about how, concretely, to reconcile U.S. international obligations toward Puerto Rico with the Constitution.
Highly recommended!
Full post as published by Legal Theory Blog on April 13, 2009 (boomark / email).
Pre-paid Leagal Services
What are Prepaid Legal Benefit Plans
Legal Forms
Business and Commercial Legal Forms
Best Law Movies
Greatest Legal Movies selected by ABA Journal
Law & Order Depicts Police Procedures and Criminal Justice
Accuracy of Criminal Justice Depiction on Television
Recall of TYLENOL 8 Hour Caplets 50 Count Sold in The United States and Puerto Rico
TYLENOL 8 Hour Caplets 50 Count One Lot Recalled in US and Puerto Rico
Wendy's International Inc.
allegedly fired illegal immigrant employees after missing a deadline to obtain legal status.
Legal Malpractice
legal malpractice lawsuits.
Limeno Recalls Rico Queso Duro Blanco in Florida
Limeno Recalls Rico Queso Duro Blanco in Florida
Signal International
allegedly lured foreign workers to US shipyards with false promises of permanent resident status.
UAB Health System and Franklin Collection Service
allegedly violated the RICO Act in collection practices on delinquent patient accounts.

Report by the President's Task Force on Puerto Ricos Status
Ken Lawson to Be Sentenced for Drugs While Former Clients Sue Over Malpractice
Puerto Rico Capital Case Results









