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Articles 31 - 60 of 69
Full-Text Articles in Law
American Law And Transnational Corruption: Is There A Need For Lincoln’S Law Abroad?, Paul D. Carrington
American Law And Transnational Corruption: Is There A Need For Lincoln’S Law Abroad?, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Intent, Presumptions, And Non-Self-Executing Treaties, Curtis A. Bradley
Intent, Presumptions, And Non-Self-Executing Treaties, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Unratified Treaties, Domestic Politics, And The U.S. Constitution, Curtis A. Bradley
Unratified Treaties, Domestic Politics, And The U.S. Constitution, Curtis A. Bradley
Faculty Scholarship
Under contemporary treaty practice, a nation's signature of a treaty typically does not make the nation a party to the treaty. Rather, nations become parties to treaties through an act of ratification or accession, which sometimes occurs long after signature. Nevertheless, Article 18 of the Vienna Convention on the Law of Treaties, which many commentators regard as reflecting customary international law, provides that when a nation signs a treaty it is obligated to refrain from actions that would defeat the object and purpose of the treaty until such time as it makes clear its intent not to become a party …
Tyranny Of The Available: Under-Represented Topics, Approaches, And Viewpoints, Katherine Topulos, Marci Hoffman
Tyranny Of The Available: Under-Represented Topics, Approaches, And Viewpoints, Katherine Topulos, Marci Hoffman
Faculty Scholarship
No abstract provided.
Vote-Trading In International Institutions, Ofer Eldar
Vote-Trading In International Institutions, Ofer Eldar
Faculty Scholarship
There is evidence that countries trade votes among each other in international institutions on a wide range of issues, including the use of force, trade issues and elections of judges. Vote-trading has been criticized as being a form of corruption, undue influence and coercion. Contrary to common wisdom, however, I argue in this paper that the case for introducing policy measures against vote-trading cannot be made out on the basis of available evidence. This paper sets out an analytical framework for analyzing vote-trading in international institutions, focusing on three major contexts in which vote-trading may generate benefits and costs: (1) …
Civil Procedure To Enforce Transnational Rights?, Paul D. Carrington
Civil Procedure To Enforce Transnational Rights?, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The Federal Judicial Power And The International Legal Order, Curtis A. Bradley
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
Case Comment, Sanchez-Llamas V. Oregon, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Rule-Based Dispute Resolution In International Trade Law, Rachel Brewster
Rule-Based Dispute Resolution In International Trade Law, Rachel Brewster
Faculty Scholarship
Why does the United States ever prefer to settle disputes under a system of rules rather than a system of negotiations? Powerful states are advantaged by negotiation-based approaches to settling disagreements because they have the resources to resolve individual disputes on favorable terms. By contrast, rule-based dispute resolution advantages weak states as a means to hold powerful states to the terms of their agreements. Then why did the United States want a rule-based system to settle international disputes in the WTO? To answer this question, we have to understand domestic politics as well as international politics. International constraints, particularly international …
Sosa, Customary International Law, And The Continuing Relevance Of Erie, Curtis A. Bradley, Jack L. Goldsmith, David H. Moore
Sosa, Customary International Law, And The Continuing Relevance Of Erie, Curtis A. Bradley, Jack L. Goldsmith, David H. Moore
Faculty Scholarship
Ten years ago, the conventional wisdom among international law academics was that customary international law (CIL) had the status of self-executing federal common law to be applied by courts without any need for political branch authorization. This "modern position" came under attack by so-called "revisionist" critics who argued that CIL had the status of federal common law only in the relatively rare situations in which the Constitution or political branches authorized courts to treat it as such. Modern position proponents are now claiming that the Supreme Court's 2004 decision in Sosa v. Alvarez-Machain confirms that CIL has the status of …
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
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
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.
International Delegations, The Structural Constitution, And Non-Self-Execution, Curtis A. Bradley
International Delegations, The Structural Constitution, And Non-Self-Execution, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Cracked Foundations Of The Right To Secede, Donald L. Horowitz
The Cracked Foundations Of The Right To Secede, Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Abuse Of Rights: An Old Principle, A New Age, Michael Byers
Abuse Of Rights: An Old Principle, A New Age, Michael Byers
Faculty Scholarship
No abstract provided.
The Alien Tort Statute And Article Iii, Curtis A. Bradley
The Alien Tort Statute And Article Iii, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
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 …
The Costs Of International Human Rights Litigation, Curtis A. Bradley
The Costs Of International Human Rights Litigation, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Universal Jurisdiction And U.S. Law, Curtis A. Bradley
Universal Jurisdiction And U.S. Law, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
International Law And The American National Interest, Michael Byers
International Law And The American National Interest, Michael Byers
Faculty Scholarship
No abstract provided.
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Customary International Law And Private Rights Of Action, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith
Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.
A New American Foreign Affairs Law?, Curtis A. Bradley
A New American Foreign Affairs Law?, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
‘Breard,’ Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley
‘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 …
‘Pinochet’ And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
‘Pinochet’ And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.
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.