Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 6 of 6
Full-Text Articles in Entire DC Network
The Abiding Relevance Of Federalism To U.S. Foreign Relations, Curtis A. Bradley
The Abiding Relevance Of Federalism To U.S. Foreign Relations, Curtis A. Bradley
Faculty Scholarship
In, Agora: Breard (collection of articles re: Breard v. Virgina, 513 U.S. 971 (1994).
The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley
The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington
Moths To The Light: The Dubious Attractions Of American Law, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley
The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury
The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury
Faculty Scholarship
No abstract provided.
Federal Courts And The Incorporation Of International Law, Curtis A. Bradley, Jack L. Goldsmith
Federal Courts And The Incorporation Of International Law, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
Many scholars believe that customary international law (CIL) has the status of self-executing federal common law, to be applied by courts in the United States without any need for it to be enacted or implemented by Congress. In an article last year, we argued that this view lacks historical support and is in substantial tension with political branch enactments as well as broader constitutional principles of separation of powers, federalism, and representative democracy. We concluded that CIL should not be treated as federal law in the absence of authorization from the federal political branches. In the May 1998 issue of …