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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.