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The Place of Foreign Treaties in the Courts of the United States: A Reply to Louis Henkin
Harvard Law Review
Vol. 101, No. 2 (Dec., 1987), pp. 511-523
Published by: The Harvard Law Review Association
Stable URL: http://www.jstor.org/stable/1341265
Page Count: 13
You can always find the topics here!Topics: Treaties, Countries, Statutory law, Federal law, International law, State law, Legislation, Confederation, Government, United States constitutional law
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A policeman orders an innocent person, Cort, to submit to arrest. Cort knows that the policeman's order is unlawful under the state law governing arrests. He also knows that state law provides that it is no defense to a charge of resisting an arrest by a police officer to show that the arrest was illegal. With respect to the state's view of legal validity, which is the "higher" law - the state law regarding arrests, or the policeman's order? Which of the two mandates is Cort legally obligated to follow?
Harvard Law Review © 1987 The Harvard Law Review Association