21 Vand. J. Transnat'l L. 865 (1988)
Deference and Its Dangers: Congress' Power to Define . . . Offenses against the Law of Nations

handle is hein.journals/vantl21 and id is 877 raw text is: Vanderbilt Journal of
Transnational Law

VOLUME 21                      1988                    NLUMBER 5
Deference and Its Dangers: Congress'
Power to Define . .. Offenses Against
the Law of Nations
Charles D. Siegal*
TABLE OF CONTENTS
I.  INTRODUCTION  ..................................       866
II. CONGRESSIONAL DISCRETION       TO  DEFINE OFFENSES
AGAINST THE LAW OF NATIONS ...................          873
A.   History of the Offenses Clause .................   874
B.   Judicially Permitted Scope of the Offenses Clause.  880
III. THE PUTATIVE OBLIGATION UNDER CUSTOMARY IN-
TERNATIONAL LAW TO RESTRICT PEACEFUL PICKETING          886
A. Customary International Law Apart From the Vi-
enna Convention on Diplomatic Relations .......    887
1.   Custom in United States Courts ...........    891
2.   Evidence of International Custom: Punishment
for Insults to an Ambassador's Dignity .....  896
a.  Judicial Decisions ...................    898
* Member of the California Bar. B.S., 1967, M.S., 1969, Ph.D., 1972, Carnegie-
Mellon University; J.D., 1975, Stanford Law School. This article was written while the
author was a visiting assistant professor at the University of Pittsburgh Law School, to
which he wishes to express his appreciation for its hospitality and the expertise of its
library and word processing staffs. The author also thanks Gil Kujovich and Jules Lobel
for their careful readings and challenging comments on this Article. Finally, the author
would like to thank David Paris, J.D., 1988, for his tireless research assistance.

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