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Articles 31 - 44 of 44

Full-Text Articles in Law

The Federal Judicial Power And The International Legal Order, Curtis A. Bradley Jan 2007

The Federal Judicial Power And The International Legal Order, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Case Comment, Sanchez-Llamas V. Oregon, Curtis A. Bradley Jan 2006

Case Comment, Sanchez-Llamas V. Oregon, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley Jan 2006

Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty Jan 2005

Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty

Faculty Scholarship

This is an edited version of a debate held at Columbia Law School on February 21, 2005.


The Domestic Origins Of International Agreements, Rachel Brewster Jan 2004

The Domestic Origins Of International Agreements, Rachel Brewster

Faculty Scholarship

This paper examines how international agreements are substitutes for statutes. The statutory law-making system and international agreement negotiations are separate, but sometimes rival, processes for setting national-level policy. International agreements have several advantages over domestic statutes. Under United States law, international agreements can entrench policies that might otherwise be subject to change; they can transfer agenda-setting power from the Congress to the President; and they can delegate authority to international organizations. Each of these effects can lead domestic interest groups to seek international negotiations rather than domestic legislation. Little difference exists between the politics of international and domestic law: Interest …


Federalism And The Treaty Power, Curtis A. Bradley Jan 2004

Federalism And The Treaty Power, Curtis A. Bradley

Faculty Scholarship

in presentations for: Treaties in U.S. Law: New Debates on Old Ideas


Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer Jan 2002

Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer

Faculty Scholarship

This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand …


U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley Jan 2002

U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley Jan 2000

The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith Jan 2000

Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.


‘Breard,’ Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley Jan 1999

‘Breard,’ Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley

Faculty Scholarship

In its decision last Term in 'Breard v. Greene,' the Supreme Court refused to stay the execution of Angel Breard, an inmate in Virginia, even though Virginia had violted a treaty on consular relations and the International Court of Justice had ordered the United States to "take all measures at its disposal" to stay the execution. The international law academy has been heavily critical of the Supreme Court's decision and other aspects of the United States' handling of the Breard case. In this article Professor Bradley argues that the criticisms by the academy reflect an "international conception" of the relationship …


The Treaty Power And American Federalism, Curtis A. Bradley Jan 1998

The Treaty Power And American Federalism, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Legal Issues Presented By A Pilot International Greenhouse Gas (Ghg) Trading System, Jonathan B. Wiener, Richard B. Stewart, Philippe Sands Jan 1996

Legal Issues Presented By A Pilot International Greenhouse Gas (Ghg) Trading System, Jonathan B. Wiener, Richard B. Stewart, Philippe Sands

Faculty Scholarship

No abstract provided.


Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski Jan 1977

Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski

Faculty Scholarship

No abstract provided.