Curtis Bradley

Duke University School of Law

210 Science Drive

Box 90362

Durham, NC 27708

United States

  • Duke University School of Law

SCHOLARLY PAPERS

55

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14

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64

Scholarly Papers (55)

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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
Duke University School of Law and University of Chicago - Law School
Downloads 1,251 (16,993)
Citation 12

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2.

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 G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 973 (24,739)

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

3.

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
Duke University School of Law and Harvard Law School
Downloads 703 (38,912)
Citation 2

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

4.

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
Duke University School of Law and New York University School of Law
Downloads 648 (43,417)
Citation 8

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

5.

Treaties, Human Rights, and Conditional Consent

Pennsylvania Law Review, Vol. 149
Number of pages: 62 Posted: 30 May 2000
Curtis Bradley and Jack Landman Goldsmith
Duke University School of Law and Harvard Law School
Downloads 616 (46,389)
Citation 2

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6.

The Juvenile Death Penalty and International Law

Duke Law Journal, Vol. 52, December 2002
Number of pages: 87 Posted: 23 Nov 2002
Curtis Bradley
Duke University School of Law
Downloads 523 (57,196)

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

7.

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: 14 Jan 2017
Curtis Bradley and Neil Siegel
Duke University School of Law and Duke University School of Law
Downloads 503 (60,041)
Citation 1

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

8.

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
Curtis Bradley, Jack Landman Goldsmith and David H. Moore
Duke University School of Law, Harvard Law School and Brigham Young University - J. Reuben Clark Law School
Downloads 475 (64,518)

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customary international law, federal common law, alien tort statute

9.

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
Duke University School of Law
Downloads 474 (64,704)

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

10.

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
Duke University School of Law
Downloads 459 (67,269)

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

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
Duke University School of Law
Downloads 446 (69,685)
Citation 2

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military commissions, habeas corpus, war on terrorism

12.

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
Duke University School of Law and Harvard Law School
Downloads 441 (70,610)

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sovereign immunity, human rights litigation, alien tort statute

13.

Executive Power Essentialism and Foreign Affairs

Michigan Law Review, Vol. 102, 2004
Number of pages: 123 Posted: 24 Feb 2004
Curtis Bradley and Martin S. Flaherty
Duke University School of Law and Fordham Law School
Downloads 434 (71,984)

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Executive power, foreign affairs, vesting clause

14.

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
Duke University School of Law and Harvard Law School
Downloads 430 (72,805)
Citation 1

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executive agreements, treaties, customary international law, presidential power

15.

Obama's AUMF Legacy

Number of pages: 18 Posted: 21 Aug 2016 Last Revised: 08 Mar 2017
Curtis Bradley and Jack Landman Goldsmith
Duke University School of Law and Harvard Law School
Downloads 415 (76,002)

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

16.

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
Duke University School of Law and Duke University - Trinity College of Arts & Sciences
Downloads 355 (91,006)
Citation 1

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delegation, international organizations, sovereignty

17.

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 G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 345 (93,981)

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

18.

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
Duke University School of Law
Downloads 340 (95,585)

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terrorism, unlawful combatants, geneva conventions, detention, targeting

19.

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
Duke University School of Law
Downloads 321 (101,907)

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treaties, executive agreements, unsigning, object and purpose

20.

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
Duke University School of Law
Downloads 298 (110,479)

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

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
Duke University School of Law and Duke University School of Law
Downloads 290 (113,726)
Citation 3

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constitutional interpretation, textualism, constitutional construction, unwritten constitution

22.

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
Duke University School of Law
Downloads 289 (114,109)

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treaties, self-execution, supremacy clause

23.

Chevron Deference and Foreign Affairs

Forthcoming in Virginia Law Review, Vol. 86, May 2000 (UVA Public Law RPS version)
Number of pages: 85 Posted: 01 Dec 1999
Curtis Bradley
Duke University School of Law
Downloads 287 (115,017)
Citation 2

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24.

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
Duke University School of Law and Duke University School of Law
Downloads 278 (118,998)

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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

25.

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

Stanford Law Review, Vol. 55, 2003
Number of pages: 37 Posted: 26 Feb 2003
Curtis Bradley
Duke University School of Law
Downloads 267 (124,085)
Citation 7

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

26.

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
Duke University School of Law and New York University School of Law
Downloads 266 (124,540)
Citation 2

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presidential power, historical gloss, legal constraints, constitutional conventions

27.

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
Duke University School of Law and Duke University School of Law
Downloads 255 (130,200)
Citation 1

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

28.

The Alien Tort Statute and Article Iii

Virginia Journal of International Law, Vol. 42, Forthcoming
Number of pages: 64 Posted: 24 Nov 2001
Curtis Bradley
Duke University School of Law
Downloads 254 (130,710)
Citation 2

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29.

The Federal Judicial Power and the International Legal Order

Supreme Court Review, 2007
Number of pages: 43 Posted: 30 Jan 2007
Curtis Bradley
Duke University School of Law
Downloads 242 (137,229)

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international court of justice, treaties, Article III, federalism

30.

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
Duke University School of Law and Harvard Law School
Downloads 233 (142,346)

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

31.

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
Duke University School of Law
Downloads 231 (143,554)

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

32.

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
Duke University School of Law and Duke University School of Law
Downloads 224 (147,946)

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

33.

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
Duke University School of Law
Downloads 205 (160,757)

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

34.

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

Harvard Law Review, Vol. 134, No. 2, Forthcoming, Yale Law School, Public Law Research Paper Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2020-35
Number of pages: 73 Posted: 28 May 2020
Oona A. Hathaway, Curtis Bradley and Jack Landman Goldsmith
Yale University - Law School, Duke University School of Law and Harvard Law School
Downloads 184 (177,500)

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35.

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

Number of pages: 28 Posted: 08 Mar 2011
Curtis Bradley and G. Mitu Gulati
Duke University School of Law and Duke University School of Law
Downloads 158 (202,524)

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36.

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
Duke University School of Law and University of Pennsylvania Law School
Downloads 156 (204,673)

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

37.

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
Duke University School of Law
Downloads 149 (212,729)
Citation 1

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

38.

Treaty Termination and Historical Gloss

Texas Law Review, Forthcoming
Number of pages: 56 Posted: 11 Aug 2013 Last Revised: 21 Dec 2014
Curtis Bradley
Duke University School of Law
Downloads 135 (230,173)

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

39.

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

Number of pages: 22 Posted: 20 Apr 2010
Curtis Bradley
Duke University School of Law
Downloads 135 (230,173)

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Human Rights, Reservations, Cold War, Federalism

40.

A State Preferences Account of Customary International Law Adjudication

Number of pages: 31 Posted: 12 Oct 2014 Last Revised: 21 Dec 2014
Curtis Bradley
Duke University School of Law
Downloads 122 (248,687)
Citation 1

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

41.

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
Duke University School of Law
Downloads 111 (266,305)

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

42.

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
Duke University School of Law
Downloads 88 (310,606)

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

43.

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
Duke University School of Law
Downloads 76 (339,089)

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treaties, signaling, executive agreements, interchangeability

44.

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
Duke University School of Law
Downloads 76 (339,089)

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

45.

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
Duke University School of Law
Downloads 66 (366,332)

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foreign relations law, formalism, functionalism, exceptionalism

46.

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
Duke University School of Law
Downloads 47 (429,193)

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

47.

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
Duke University School of Law and Duke University School of Law
Downloads 31 (498,211)

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

48.

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
Duke University School of Law

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49.

Congressional Authorization and the War on Terrorism

Harvard Law Review, Vol. 118, May 2005
Posted: 22 Apr 2005
Curtis Bradley and Jack Landman Goldsmith
Duke University School of Law and Harvard Law School

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War, congressional authorization, terrorism, presidential authority

50.

The Costs of International Human Rights Litigation

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

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

51.

Pinochet and International Human Rights Litigation

Michigan Law Review, Vol. 97, June 1999
Posted: 17 Jun 1999
Curtis Bradley and Jack Landman Goldsmith
Duke University School of Law and Harvard Law School

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52.

The Charming Betsy Canon and Separation of Powers: Rethinking the Interpretive Role of International Law

Georgetown Law Journal, Vol. 86, No. 3, 1998
Posted: 18 Aug 1998
Curtis Bradley
Duke University School of Law

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53.

Federal Courts and the Incorporation of International Law

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

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54.

The Treaty Power and American Federalism

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

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55.

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
Duke University School of Law and Harvard Law School

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