Curtis Bradley

University of Chicago Law School

1111 E. 60th St.

Chicago, IL 60637

United States

SCHOLARLY PAPERS

65

DOWNLOADS
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Top 2,971

in Total Papers Downloads

21,950

SSRN CITATIONS
Rank 14,192

SSRN RANKINGS

Top 14,192

in Total Papers Citations

43

CROSSREF CITATIONS

63

Scholarly Papers (65)

1.

Presidential Signing Statements and Executive Power

U of Chicago, Public Law Working Paper No. 133, Duke Law School Legal Studies Paper No. 121
Number of pages: 51 Posted: 07 Aug 2006
Curtis Bradley and Eric A. Posner
University of Chicago Law School and University of Chicago - Law School
Downloads 1,313 (29,380)
Citation 12

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2.

The Rise of Nonbinding International Agreements: An Empirical, Comparative, and Normative Analysis

University of Chicago Law Review, Vol. 90, 2023, Yale Law School, Public Law Research Paper Forthcoming
Number of pages: 84 Posted: 09 Feb 2022 Last Revised: 06 Sep 2023
University of Chicago Law School, Harvard Law School and Yale University - Law School
Downloads 1,164 (35,043)

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international law, foreign relations law, nonbinding international agreements

3.

Withdrawing from International Custom

Yale Law Journal, Vol. 120, p. 202, 2010
Number of pages: 74 Posted: 18 Dec 2009 Last Revised: 22 Dec 2014
Curtis Bradley and Mitu Gulati
University of Chicago Law School and University of Virginia School of Law
Downloads 1,074 (39,267)

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customary international law, treaty withdrawal, persistent objector, opt out rights

4.

The Constitutional Validity of Military Commissions

The Green Bag, Vol. 5, Spring 2002
Number of pages: 18 Posted: 28 Jan 2002
Curtis Bradley and Jack Landman Goldsmith
University of Chicago Law School and Harvard Law School
Downloads 777 (61,464)
Citation 2

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military commissions, military tribunals, commander in chief, declaration of war, terrorism, laws of war, armed conflict

5.

Historical Gloss and the Separation of Powers

Harvard Law Review, Vol. 126
Number of pages: 75 Posted: 06 Feb 2012 Last Revised: 21 Dec 2014
Curtis Bradley and Trevor W. Morrison
University of Chicago Law School and New York University School of Law
Downloads 720 (67,875)
Citation 6

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separation of powers, constitutional interpretation, historical practice, presidential power, war powers

6.

Treaties, Human Rights, and Conditional Consent

Number of pages: 62 Posted: 30 May 2000
Curtis Bradley and Jack Landman Goldsmith
University of Chicago Law School and Harvard Law School
Downloads 695 (71,005)
Citation 2

Abstract:

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7.

What Is Foreign Relations Law?

The Oxford Handbook of Comparative Foreign Relations Law (Curtis A. Bradley ed., 2018, Forthcoming), Duke Law School Public Law & Legal Theory Series No. 2017-38
Number of pages: 18 Posted: 02 May 2017 Last Revised: 21 Aug 2018
Curtis Bradley
University of Chicago Law School
Downloads 607 (84,217)

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foreign relations law, comparative constitutional law, foreign relations law exceptionalism, restatements of the law

8.

Historical Gloss, Constitutional Conventions, and the Judicial Separation of Powers

Georgetown Law Journal, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2016-11
Number of pages: 68 Posted: 25 Jan 2016 Last Revised: 11 Jan 2021
Curtis Bradley and Neil Siegel
University of Chicago Law School and Duke University School of Law
Downloads 583 (88,854)
Citation 1

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historical gloss, constitutional conventions, Court packing, jurisdiction stripping, separation of powers, Exceptions Clause

9.

The Juvenile Death Penalty and International Law

Number of pages: 87 Posted: 23 Nov 2002
Curtis Bradley
University of Chicago Law School
Downloads 561 (93,056)

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death penalty, treaty reservations, self-execution, customary international law, juveniles, cruel and unusual

10.

The Real Political Question Doctrine

Stanford Law Review, Forthcoming
Number of pages: 57 Posted: 01 Aug 2022 Last Revised: 11 Oct 2022
Curtis Bradley and Eric A. Posner
University of Chicago Law School and University of Chicago - Law School
Downloads 550 (95,414)
Citation 2

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political questions, lower courts, governmental immunity, foreign affairs, Baker v. Carr

11.

The Story of Ex Parte Milligan: Military Trials, Enemy Combatants, and Congressional Authorization

Number of pages: 33 Posted: 24 Sep 2007 Last Revised: 22 Dec 2014
Curtis Bradley
University of Chicago Law School
Downloads 535 (98,792)
Citation 3

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military commissions, habeas corpus, war on terrorism

12.

Sosa, Customary International Law, and the Continuing Relevance of Erie

Harvard Law Review, Vol. 120, 2007, Duke Law School Legal Studies Paper No. 114
Number of pages: 62 Posted: 18 Aug 2006
University of Chicago Law School, Harvard Law School and Brigham Young University - J. Reuben Clark Law School
Downloads 528 (100,364)

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customary international law, federal common law, alien tort statute

13.

The Military Commissions Act, Habeas Corpus, and the Geneva Conventions

American Journal of International Law, Vol. 101, 2007, Duke Law School Legal Studies Paper No. 172
Number of pages: 24 Posted: 14 Jun 2007 Last Revised: 07 Oct 2007
Curtis Bradley
University of Chicago Law School
Downloads 515 (103,506)

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military commissions, habeas corpus, geneva conventions, self-execution

14.

The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis

Harvard Law Review, Vol. 134, No. 2, pp. 629-725, Yale Law School, Public Law Research Paper Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2020-35, Harvard Public Law Working Paper No. 20-15
Number of pages: 97 Posted: 28 May 2020 Last Revised: 10 Dec 2020
Yale University - Law School, University of Chicago Law School and Harvard Law School
Downloads 506 (105,738)
Citation 1

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15.

Presidential Control Over International Law

Harvard Law Review, Vol. 131, Duke Law School Public Law & Legal Theory Series No. 2018-4
Number of pages: 97 Posted: 29 Nov 2017 Last Revised: 12 Feb 2018
Curtis Bradley and Jack Landman Goldsmith
University of Chicago Law School and Harvard Law School
Downloads 505 (106,004)
Citation 1

Abstract:

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executive agreements, treaties, customary international law, presidential power

16.

Executive Power Essentialism and Foreign Affairs

Number of pages: 123 Posted: 24 Feb 2004
Curtis Bradley and Martin S. Flaherty
University of Chicago Law School and Fordham Law School
Downloads 492 (109,361)

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Executive power, foreign affairs, vesting clause

17.

Foreign Sovereign Immunity, Individual Officials, and Human Rights Litigation

Green Bag 2D, Vol. 13, p. 9, 2009, Harvard Public Law Working Paper No. 10-05
Number of pages: 16 Posted: 10 Oct 2009 Last Revised: 22 Dec 2014
Curtis Bradley and Jack Landman Goldsmith
University of Chicago Law School and Harvard Law School
Downloads 489 (110,187)

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sovereign immunity, human rights litigation, alien tort statute

18.

Obama's AUMF Legacy

Number of pages: 18 Posted: 21 Aug 2016 Last Revised: 08 Mar 2017
Curtis Bradley and Jack Landman Goldsmith
University of Chicago Law School and Harvard Law School
Downloads 478 (113,230)

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aumf, obama administration, war on terror, international law, military detention, targeting

19.

Unpacking Third-Party Standing

Yale Law Journal, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2021-12
Number of pages: 77 Posted: 09 Feb 2021 Last Revised: 01 Apr 2022
Curtis Bradley and Ernest Young
University of Chicago Law School and Duke University School of Law
Downloads 470 (115,471)

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standing, Article III, third-party standing, abortion restrictions, statutory standing, zone of interests, prudential limitations, valid rule, organizational standing

20.

The Concept of International Delegation

Law and Contemporary Problems, Forthcoming, Duke Law School Legal Studies Paper No. 141
Number of pages: 34 Posted: 09 Nov 2006
Curtis Bradley and Judith G. Kelley
University of Chicago Law School and Duke University
Downloads 417 (132,898)
Citation 1

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delegation, international organizations, sovereignty

21.

Constructed Constraint and the Constitutional Text

Duke Law Journal, Vol. 64
Number of pages: 82 Posted: 08 Feb 2014 Last Revised: 04 Aug 2019
Curtis Bradley and Neil Siegel
University of Chicago Law School and Duke University School of Law
Downloads 405 (137,409)
Citation 3

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constitutional interpretation, textualism, constitutional construction, unwritten constitution

22.

Customary International Law and Withdrawal Rights in an Age of Treaties

Duke Journal of Comparative & International Law, Vol. 21, No. 1, 2010
Number of pages: 30 Posted: 10 Jan 2011
Curtis Bradley and Mitu Gulati
University of Chicago Law School and University of Virginia School of Law
Downloads 400 (139,375)

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customary international law, withdrawal, treaties, social contract, mandatory rules, default rules

23.

Standing and Probabilistic Injury

Duke Law School Public Law & Legal Theory Series No. 2023-13, Michigan Law Review, Forthcoming
Number of pages: 68 Posted: 08 Feb 2023 Last Revised: 27 Nov 2023
Curtis Bradley and Ernest Young
University of Chicago Law School and Duke University School of Law
Downloads 399 (139,789)

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standing, probability, probabilistic standing, justiciability, TransUnion

Historical Gloss, Madisonian Liquidation, and the Originalism Debate

Virginia Law Review, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2019-15
Number of pages: 53 Posted: 19 Feb 2019 Last Revised: 25 Aug 2019
Curtis Bradley and Neil Siegel
University of Chicago Law School and Duke University School of Law
Downloads 344 (163,460)
Citation 1

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historical gloss, liquidation, originalism, non-originalism, separation of powers

Historical Gloss, Madisonian Liquidation, and the Originalism Debate

Virginia Law Review, Vol. 106, No. 1, 2020
Number of pages: 72 Posted: 29 Jul 2020 Last Revised: 04 Aug 2020
Curtis Bradley and Neil Siegel
University of Chicago Law School and Duke University School of Law
Downloads 52 (721,661)
Citation 3

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Constitutional framework, liquidation, historical gloss,

25.

The United States, Israel, and Unlawful Combatants

Duke Law School Public Law & Legal Theory Paper No. 249
Number of pages: 16 Posted: 21 May 2009 Last Revised: 10 Aug 2009
Curtis Bradley
University of Chicago Law School
Downloads 366 (153,928)

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terrorism, unlawful combatants, geneva conventions, detention, targeting

26.

Unratified Treaties, Domestic Politics, and the U.S. Constitution

Harvard International Law Journal, Vol. 48, 2007, Duke Law School Legal Studies Paper No. 161
Number of pages: 31 Posted: 07 Nov 2006
Curtis Bradley
University of Chicago Law School
Downloads 350 (161,688)

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treaties, executive agreements, unsigning, object and purpose

27.

Exiting Congressional-Executive Agreements

Duke Law Journal, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-1
Number of pages: 26 Posted: 09 Oct 2017 Last Revised: 10 Mar 2018
Curtis Bradley
University of Chicago Law School
Downloads 338 (167,790)

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Treaty Withdrawal, Congressional-Executive Agreements, NAFTA, Trade Agreements

28.

Foreign Affairs, Nondelegation, and the Major Questions Doctrine

University of Pennsylvania Law Review, Forthcoming, U of Chicago, Public Law Working Paper No. 849
Number of pages: 55 Posted: 28 Nov 2023 Last Revised: 10 Apr 2024
Curtis Bradley and Jack Landman Goldsmith
University of Chicago Law School and Harvard Law School
Downloads 334 (170,489)

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nondelegation doctrine, foreign affairs, major questions doctrine, presidential power

29.

Chevron Deference and Foreign Affairs

Number of pages: 85 Posted: 01 Dec 1999
Curtis Bradley
University of Chicago Law School
Downloads 324 (175,590)
Citation 2

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30.

International Law and the U.S. Common Law of Foreign Official Immunity

Supreme Court Review, p. 213, 2011
Number of pages: 61 Posted: 05 Dec 2010 Last Revised: 21 Dec 2014
Curtis Bradley and Laurence R. Helfer
University of Chicago Law School and Duke University School of Law
Downloads 322 (176,752)

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International law, customary international law, CIL, foreign sovereign immunities act, FSIA, foreign official immunity, Executive Branch, jus cogens, international crimes, universal jurisdiction, federal common law, U.S. Supreme Court, Samantar, Alien Tort Statute, ATS, Torture Victim Protection Act

31.

Self-Execution and Treaty Duality

Supreme Court Review, Forthcoming, Duke Law School Public Law & Legal Theory Paper No. 239
Number of pages: 42 Posted: 11 Feb 2009
Curtis Bradley
University of Chicago Law School
Downloads 322 (176,752)

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treaties, self-execution, supremacy clause

32.

International Delegations, the Structural Constitution, and Non-Self-Execution

Number of pages: 37 Posted: 26 Feb 2003
Curtis Bradley
University of Chicago Law School
Downloads 305 (187,047)
Citation 8

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international institutions, delegation of authority, separation of powers, nondelegation doctrine, non-self-execution

33.

The Alien Tort Statute and Article Iii

Number of pages: 64 Posted: 24 Nov 2001
Curtis Bradley
University of Chicago Law School
Downloads 297 (192,514)

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34.

Customary International Law Adjudication as Common Law Adjudication

Book chapter for CUSTOM’S FUTURE: INTERNATIONAL LAW IN A CHANGING WORLD (Curtis A. Bradley ed., Cambridge University Press, Forthcoming
Number of pages: 24 Posted: 05 Feb 2015 Last Revised: 11 Feb 2015
Curtis Bradley
University of Chicago Law School
Downloads 295 (193,823)

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customary international law, common law, international adjudication, opinio juris

35.

Presidential Power, Historical Practice, and Legal Constraint

Columbia Law Review, Forthcoming, Columbia Public Law Research Paper No. 13-327
Number of pages: 47 Posted: 20 Dec 2012 Last Revised: 21 Dec 2014
Curtis Bradley and Trevor W. Morrison
University of Chicago Law School and New York University School of Law
Downloads 295 (193,823)
Citation 3

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presidential power, historical gloss, legal constraints, constitutional conventions

36.

Introduction to 'The International Legal Order and the Global Pandemic'

Number of pages: 6 Posted: 12 Aug 2020
Curtis Bradley and Laurence R. Helfer
University of Chicago Law School and Duke University School of Law
Downloads 293 (195,179)

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pandemic, COVID-19, international law, world health organization, human rights

37.

The Political Question Doctrine and International Law

U of Chicago, Public Law Working Paper No. 823
Number of pages: 29 Posted: 21 Dec 2022 Last Revised: 18 Mar 2023
Curtis Bradley
University of Chicago Law School
Downloads 270 (212,211)

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Political question doctrine, international law, recognition, treaties, immunity, customary international law

38.

Foreign Sovereign Immunity and Domestic Officer Suits

Harvard Public Law Working Paper No. 10-06
Number of pages: 15 Posted: 25 Nov 2009 Last Revised: 22 Dec 2014
Curtis Bradley and Jack Landman Goldsmith
University of Chicago Law School and Harvard Law School
Downloads 269 (212,969)

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sovereign immunity, Ex parte Young, human rights litigation, Alien Tort Statute

39.

The Federal Judicial Power and the International Legal Order

Supreme Court Review, 2007
Number of pages: 43 Posted: 30 Jan 2007
Curtis Bradley
University of Chicago Law School
Downloads 267 (214,573)

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international court of justice, treaties, Article III, federalism

40.

After Recess: Historical Practice, Textual Ambiguity, and Constitutional Adverse Possession

2014 Supreme Court Review 1, Duke Law School Public Law & Legal Theory Series No. 20015-6
Number of pages: 70 Posted: 11 Jan 2015 Last Revised: 31 Oct 2018
Curtis Bradley and Neil Siegel
University of Chicago Law School and Duke University School of Law
Downloads 255 (224,607)

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historical gloss, constitutional interpretation, recess appointments, constitutional liquidation, textualism

41.

Attorney General Bradford's Opinion and the Alien Tort Statute

Number of pages: 22 Posted: 22 May 2012 Last Revised: 21 Dec 2014
Curtis Bradley
University of Chicago Law School
Downloads 250 (229,030)

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Alien Tort Statute, extraterritoriality, aiding and abetting, neutrality, law of nations

42.

Mandatory Versus Default Rules: How Can Customary International Law Be Improved?

Number of pages: 28 Posted: 08 Mar 2011
Curtis Bradley and Mitu Gulati
University of Chicago Law School and University of Virginia School of Law
Downloads 211 (269,286)
Citation 1

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43.

Presidential War Powers as an Interactive Dynamic: International Law, Domestic Law, and Practice-Based Legal Change

New York University Law Review, Vol. 92, P. 689, 2016, Duke Law School Public Law & Legal Theory Series No. 2015-53, U of Penn Law School, Public Law Research Paper No. 15-31
Number of pages: 73 Posted: 16 Nov 2015 Last Revised: 25 May 2017
Curtis Bradley and Jean Galbraith
University of Chicago Law School and University of Pennsylvania Carey Law School
Downloads 201 (281,499)

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war powers, international law, historical practice, security council, use of force

44.

State Action and Corporate Human Rights Liability

Notre Dame Law Review, Vol. 85, No. 5, 2010
Number of pages: 16 Posted: 24 Jan 2010 Last Revised: 22 Dec 2014
Curtis Bradley
University of Chicago Law School
Downloads 170 (326,668)
Citation 1

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alien tort statute, corporate liability, aiding and abetting, section 1983

45.

The United States and Human Rights Treaties: Race Relations, the Cold War, and Constitutionalism

Number of pages: 22 Posted: 20 Apr 2010
Curtis Bradley
University of Chicago Law School
Downloads 168 (330,103)

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Human Rights, Reservations, Cold War, Federalism

46.

Treaty Termination and Historical Gloss

Texas Law Review, Forthcoming
Number of pages: 56 Posted: 11 Aug 2013 Last Revised: 21 Dec 2014
Curtis Bradley
University of Chicago Law School
Downloads 163 (338,746)

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treaties, historical gloss, separation of powers, constitutional change, presidential power, constitutional construction

47.

A State Preferences Account of Customary International Law Adjudication

Number of pages: 31 Posted: 12 Oct 2014 Last Revised: 21 Dec 2014
Curtis Bradley
University of Chicago Law School
Downloads 153 (357,377)
Citation 2

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customary international law, international adjudication, state preferences, opinio juris

48.

Reassessing the Legislative Veto: The Statutory President, Foreign Affairs, and Congressional Workarounds

Forthcoming, Journal of Legal Analysis
Number of pages: 53 Posted: 12 Nov 2021
Curtis Bradley
University of Chicago Law School
Downloads 149 (364,970)

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Chadha, legislative vetoes, separation of powers, statutory president, delegation, emergency power, arms sales

49.

Article II Treaties and Signaling Theory

THE RESTATEMENT AND BEYOND: THE PAST, PRESENT, AND FUTURE OF U.S. FOREIGN RELATIONS LAW (Forthcoming 2020) , Duke Law School Public Law & Legal Theory Series No. 2019-49
Number of pages: 36 Posted: 05 Aug 2019 Last Revised: 24 Sep 2019
Curtis Bradley
University of Chicago Law School
Downloads 143 (377,269)

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treaties, signaling, executive agreements, interchangeability

50.

International Agreements by U.S. States: Federalism, Foreign Affairs, and Constitutional Change

U of Chicago, Public Law Working Paper No. 832
Number of pages: 40 Posted: 21 Jul 2023 Last Revised: 15 Nov 2023
Curtis Bradley
University of Chicago Law School
Downloads 141 (381,418)

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federalism, compacts, international agreements, preemption, climate change, historical gloss

51.

The Irrepressible Functionalism in U.S. Foreign Relations Law

Forthcoming, Foreign Relations Law (Curtis A. Bradley ed., 2019) (Edward Elgar Publishing)
Number of pages: 17 Posted: 30 Aug 2018
Curtis Bradley
University of Chicago Law School
Downloads 130 (406,518)

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foreign relations law, formalism, functionalism, exceptionalism

52.

The Supreme Court as a Filter between International Law and American Constitutionalism

California Law Review, Vol. 104, Duke Law School Public Law & Legal Theory Series No. 2016-35
Number of pages: 19 Posted: 03 Jun 2016
Curtis Bradley
University of Chicago Law School
Downloads 130 (406,518)

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foreign relations law, Supreme Court, international law, filtering role, treaty power, customary international law

53.

Conflicting Approaches to the U.S. Common Law of Foreign Official Immunity

Duke Law School Public Law & Legal Theory Series No. 2020-79
Number of pages: 21 Posted: 02 Nov 2020
Curtis Bradley
University of Chicago Law School
Downloads 119 (434,545)
Citation 1

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foreign official immunity, head of state immunity, common law, customary international law, civil rights litigation, Foreign Sovereign Immunities Act

54.

U.S. War Powers and the Potential Benefits of Comparativism

Oxford Handbook of Comparative Foreign Relations Law (Curtis A. Bradley ed., 2018 Forthcoming), Duke Law School Public Law & Legal Theory Series No. 2017-56
Number of pages: 17 Posted: 17 Aug 2017 Last Revised: 23 Aug 2018
Curtis Bradley
University of Chicago Law School
Downloads 119 (434,545)

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use of force, war powers resolution, syria, comparative constitutional law, presidential power

55.

Foreign Relations Law and the Purported Shift Away from 'Exceptionalism'

Harvard Law Review Forum, Vol. 128:294, Duke Law School Public Law & Legal Theory Series No. 2015-23
Number of pages: 11 Posted: 13 May 2015
Curtis Bradley
University of Chicago Law School
Downloads 96 (506,067)

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foreign relations law, exceptionalism, deference to the executive, federalism, normalization

56.

Agora: Reflections on Zivotofsky v. Kerry: Historical Gloss, the Recognition Power, and Judicial Review

Duke Law School Public Law & Legal Theory Series No. 2015-31
Number of pages: 8 Posted: 22 Jul 2015
Curtis Bradley
University of Chicago Law School
Downloads 67 (624,790)
Citation 1

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recognition, historical gloss, separation of powers, Zivotofsky, constitutional custom

57.

Treaty Exit in the United States: Insights from the United Kingdom or South Africa?

AJIL Unbound, Volume 111, pp. 428-433, 2018, Duke Law School Public Law & Legal Theory Series No. 2018-13
Number of pages: 6 Posted: 12 Jan 2018 Last Revised: 02 Mar 2018
Curtis Bradley and Laurence R. Helfer
University of Chicago Law School and Duke University School of Law
Downloads 59 (666,245)

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international law, comparative law, treaties, treaty withdrawal, foreign relations law, exit

58.

Treaty Signature

THE OXFORD GUIDE TO TREATIES, Duncan Hollis, ed., Oxford University Press, Forthcoming
Posted: 18 Oct 2011 Last Revised: 21 Dec 2014
Curtis Bradley
University of Chicago Law School

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59.

Congressional Authorization and the War on Terrorism

Posted: 22 Apr 2005
Curtis Bradley and Jack Landman Goldsmith
University of Chicago Law School and Harvard Law School

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War, congressional authorization, terrorism, presidential authority

60.

The Costs of International Human Rights Litigation

Chicago Journal of International Law, Vol. 2, No. 2, Fall 2001
Posted: 26 Feb 2002
Curtis Bradley
University of Chicago Law School

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human rights, international litigation, customary international law, Alien Tort Statute

61.

Pinochet and International Human Rights Litigation

Posted: 17 Jun 1999
Curtis Bradley and Jack Landman Goldsmith
University of Chicago Law School and Harvard Law School

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63.

Federal Courts and the Incorporation of International Law

Harvard Law Review, June 1998
Posted: 29 May 1998
Curtis Bradley and Jack Landman Goldsmith
University of Chicago Law School and Harvard Law School

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64.

The Treaty Power and American Federalism

Michigan Law Review, Vol. 97, November 1998
Posted: 28 May 1998
Curtis Bradley
University of Chicago Law School

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65.

Customary International Law as Federal Common Law: A Critique of the Modern Position

in the Harvard Law Review, Vol. 110, No. 4 (1997).
Posted: 11 Jun 1997
Curtis Bradley and Jack Landman Goldsmith
University of Chicago Law School and Harvard Law School

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