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I. INTRODUCTION 503 II. HISTORY 505 A. Overview 505 B. Article 36 506 III. ANALYSIS 506 A. The Vienna Convention on Consular Relations is a Self- Executing Treaty in the [...], Under Article 36 of the Vienna Convention on Consular Relations (VCCR or Convention), foreign nationals have the right to consular notification when detained and/or arrested in a country other than their country of nationality, assuming both the arresting country and their country of nationality have ratified the Convention. The United States ratified the VCCR in 1969. However, there is a lack of consensus among domestic courts in the United States concerning whether Article 36 confers an individual right to consular notification. The subject is highly contested, and most courts have refrained from definitively answering the question. The Supreme Court has held that even if a right does exist, a violation of Article 36 does not warrant the suppression of evidence in a judicial proceeding. Accordingly, state procedural default rules will usually bar any such claim. This Note will argue that the right to consular notification under Article 36 is an individual right and, in some circumstances, a foreign national defendant can be prejudiced in the absence of being informed of this right. This Note will also analogize Article 36 with the constitutional right to due process, the right to a fair trial, the right against self-incrimination, and the right to an attorney. Finally, this Note will propose a new statute conferring an individually enforceable right stemming from Article 36, listing preventative measures to lessen the number of Article 36 violations, and enacting concrete remedies should a violation occur.

As the New Deal progressed, the Court's stance toward retroactivity evolved in conjunction with its treatment of the Contracts Clause. In Contracts Clause jurisprudence, a critical turning point was Home [...]

ABSTRACT The New Deal Supreme Court revised a well-known set of constitutional doctrines. Legal scholarship has principally focused on the changes that occurred in three areas--federalism, delegation, and economic liberty. [...]

Thou shalt neither vex a stranger, nor oppress him: for ye were strangers in the land of Egypt. (1) INTRODUCTION The Vienna Convention on Consular Relations--a multilateral treaty signed by [...]

The US Supreme Court recently decided the case of FCC v. Fox Television Stations, Inc., et al., [No. 10-1293 (US Sup 06/21/2012)], which concerned whether the Federal Communications Commission (FCC) [...]

In Jones v. Flowers, the Supreme Court held that the government must give people advance warning that it is going to sell their property because of unpaid taxes. (1) This [...]

The Tax Court held that where a collection due process challenge results in the issuance of one or more supplemental notices of determination, the Tax Court is required to review [...]