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Cuba in a Global ContextInternational Relations, Internationalism, and Transnationalism$
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Catherine Krull

Print publication date: 2014

Print ISBN-13: 9780813049106

Published to Florida Scholarship Online: May 2014

DOI: 10.5744/florida/9780813049106.001.0001

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The Role of the Courts in Shaping U.S. Policy toward Cuba

The Role of the Courts in Shaping U.S. Policy toward Cuba

(p.75) 4 The Role of the Courts in Shaping U.S. Policy toward Cuba
Cuba in a Global Context

Stanley J. Murphy

University Press of Florida

Although legislative and executive action provides the first definition of U.S. national policy toward Cuba, the courts are often where the ultimate contours of that policy are drawn. Virtually every statute, regulation, or executive action related to Cuba leads to the filing of a lawsuit or lawsuits, and the decisions in those cases have a substantial impact on the nature of the relationship between the two countries. In their decisions on cases related to Cuba, U.S. courts often appear to be more deferential to political judgments than they are in other litigation. When relations with Cuba are at issue, routine legal actions become complicated. Established legal principles are no longer quite so settled, controlling case precedent becomes less powerful, and previously firm legal standards show a newfound flexibility.

Keywords:   Cuba, United States, Foreign Policy, International Relations, U.S. Supreme Court, Academic freedom, Vamos a Cuba, Child custody

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