Johanna Kalb on “Human Rights Treaties in State Courts: The International Prospects of State Constitutionalism after Medellín”

I have previously posted on the U.S. Supreme Court decision in Medellin v. Texas here.

In a recent article entitled “Human Rights Treaties in State Courts: The International Prospects of State Constitutionalism after Medellín”, Johanna Kalb at the Loyola University New Orleans College of Law, Penn State Law Review, Vol. 115, No. 4, 2011, examines the conditions under which state courts have engaged with the international human rights treaties the United States has signed or ratified, and considers whether and how these treaties will be affected by the Medellín decision. Kolb concludes that because state courts have been more receptive to arguments based on treaties as non-binding persuasive authority, even the broadest reading of the decision will not end this type of human rights advocacy.

A copy of the article is available for download on SSRN here.