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Series

Faculty Scholarship

Duke Law

1998

Federal government

Articles 1 - 7 of 7

Full-Text Articles in Law

Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington Jan 1998

Transcript Of The “Alumni” Panel On Discovery Reform, Paul D. Carrington

Faculty Scholarship

No abstract provided.


The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer Jan 1998

The New Etiquette Of Federalism: New York, Printz And Yeskey, Matthew D. Adler, Seth F. Kreimer

Faculty Scholarship

In New York v. United States, 505 U.S. 144 (1992), the Court revived "state sovereignty" as a justiciable constitutional constraint on federal mandates, and struck down portions of the Low-Level Radioactive Waste Policy Amendments Act on the grounds that the statute impermissibly "commandeered" state governments. Printz v. United States, 117 S.Ct. 2365 (1997), confirmed the anti-commandeering principle and relied upon it to invalidate elements of another federal statute, the Brady Act. This Article analyzes and criticizes the anti-commandeering jurisprudence, as it has emerged in New York, Printz, and a case decided by the Court last Term, Pennsylvania Department of Corrections …


The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley Jan 1998

The Status Of Customary International Law In U.S. Courts—Before And After ‘Erie’, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


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.


The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley Jan 1998

The ‘Charming Betsy’ Canon And Separation Of Powers: Rethinking The Interpretive Role Of International Law, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


The Abiding Relevance Of Federalism To U.S. Foreign Relations, Curtis A. Bradley Jan 1998

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).


Federal Courts And The Incorporation Of International Law, Curtis A. Bradley, Jack L. Goldsmith Jan 1998

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 …