Curtis A. Bradley
William W. Van Alstyne Distinguished Professor of Law
Curtis Bradley is the William Van Alstyne Professor of Law and Professor of Public Policy Studies at Duke University, as well as a co-director for the Center for International and Comparative Law. His scholarly expertise spans the areas of international law in the U.S. legal system, the constitutional law of foreign affairs, and federal jurisdiction, and his courses include International law, Foreign Relations Law, and Federal Courts. He was the founding co-director of Duke Law School’s Center for International and Comparative Law and serves on the executive board of Duke's Center on Law, Ethics, and National Security. From 2012-18, he served as a Reporter for the American Law Institute's Restatement project on The Foreign Relations Law of the United States. In 2016, he received a Carnegie Fellowship to support his work on comparative foreign relations law. He is currently the co-Editor-in-Chief of the American Journal of International Law.
Bradley graduated magna cum laude from Harvard Law School in 1988. He then clerked for Judge David Ebel of the 10th U.S. Circuit Court of Appeals and Justice Byron White of the U.S. Supreme Court. After his clerkships, Bradley practiced law for several years at Covington & Burling in Washington, D.C. He began teaching in 1995 at the University of Colorado School of Law, and he received tenure there in 1999. In 2000, he joined the faculty at the University of Virginia School of Law as a full professor. In 2004, he served as counselor on international law in the Legal Adviser's Office of the U.S. State Department. He is currently a member of the Secretary of State's Advisory Committee on International Law. Bradley joined the Duke Law faculty in 2005.
Bradley has written numerous articles concerning international law, U.S. foreign relations law, and constitutional law. His monograph, International Law in the U.S. Legal System, was published by Oxford University Press in 2013, and a second edition was published in 2015. He is the editor of the extensive Oxford Handbook of Comparative Foreign Relations Law, published in 2019. He is also the co-author of two casebooks: Foreign Relations Law: Cases and Materials (Aspen Press 6th ed. 2017) (with Jack Goldsmith), and Federal Courts and the Law of Federal-State Relations (Foundation Press 9th ed. 2018) (with Peter Low and John Jeffries).
Current Appointments & Affiliations
- William W. Van Alstyne Distinguished Professor of Law, Duke Law School, Duke University 2012
- Professor of Law, Duke Law School, Duke University 2005
- Professor in the Sanford School of Public Policy, Sanford School of Public Policy, Duke University 2012
Contact Information
- Duke Law School 210 Science Dr, Duke Box 90362, Durham, NC 27708
- Duke Law School Room 2010, Duke Box 90362, Durham, NC 27708-0360
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cbradley@law.duke.edu
(919) 613-7179
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See the Duke Law profile page
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View this faculty member's publications on the Duke Law web site
- Background
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Education, Training, & Certifications
- J.D., Harvard University 1988
- B.A., University of Colorado at Boulder 1985
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Duke Appointment History
- Senior Associate Dean for Faculty & Research, Duke Law School, Duke University 2012 - 2014
- Professor of Public Policy Studies, Sanford School of Public Policy, Duke University 2007 - 2012
- Recognition
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In the News
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JUN 11, 2019 Duke Law -
JUL 18, 2016 Washington Post -
APR 22, 2016 -
APR 4, 2016 -
JUN 10, 2015 SCOTUSblog -
JUN 10, 2015 SCOTUSblog -
MAR 11, 2015 The Conversation -
MAR 11, 2015 The Conversation -
JUL 7, 2013
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- Expertise
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Global Scholarship
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Expertise
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- Publications & Artistic Works
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Selected Publications
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Books
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Bradley, C. Oxford Handbook of Comparative Foreign Relations Law. Oxford University Press, 2019.Link to Item
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Bradley, C. Foreign Relations Law. Edward Elgar Publishing, 2019.Link to Item
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Bradley, C., and J. Goldsmith. Foreign Relations Law: Cases and Materials. Aspen Publishers, 2017.Link to Item
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Bradley, C. Custom's Future: International Law in a Changing World. Cambridge University Press, 2016.Link to Item
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Bradley, C. International Law in the U.S. Legal System. Oxford University Press, 2015.Link to Item
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Bradley, C., P. Low, and J. Jeffries Jr. Federal Courts and the Law of Federal-State Relations. Foundation Press, 2014.Link to Item
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Bradley, C., and C. Schroeder. Presidential Power Stories. Foundation Press, 2009.Link to Item
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Bradley, C., and C. Schroeder. Presidential Power Stories. Foundation Press, 2009.Link to Item
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Bradley, C., B. Carter, and P. Trimble. International Law, 2003.Link to Item
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Academic Articles
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Bradley, C., and N. Siegel. “Historical Gloss, Madisonian Liquidation, and the Originalism Debate.” Virginia Law Review, 2019.Link to Item
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Bradley, C. “Exiting Congressional-Executive Agreements.” Duke Law Journal 67, no. 8 (2018): 1615–45.Link to Item
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Bradley, C., and J. III. “Presidential Control Over International Law.” Harvard Law Review 131, no. 5 (2018): 1201–97.Link to Item
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Bradley, C. “Doing Gloss.” Chicago Law Review 84 (2017): 59–80.Link to Item
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Bradley, C., and L. Helfer. “Treaty Exit in the United States: Insights from the United Kingdom or South Africa?.” Ajil Unbound 111 (2017): 428–33.Link to Item
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Bradley, C., and N. Siegel. “Historical Gloss, Constitutional Conventions, and the Judicial Separation of Powers.” Georgetown Law Journal 105 (2017): 255–322.Link to Item
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Bradley, C. “The Supreme Court as a Filter Between International Law and American Constitutionalism.” California Law Review 104 (2016): 1567–78.Link to Item
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Bradley, C., and J. Galbraith. “Presidential War Powers as a Two-Level Dynamic: International Law, Domestic Law, and Practice-Based Legal Change.” New York University Law Review 91, no. 4 (2016): 689–761.Link to Item
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Bradley, C., and J. Goldsmith. “Obama's AUMF Legacy.” American Journal of International Law 110 (2016): 628–45.
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Bradley, C. “History's Constitution: How Governmental Practices Define the Separation of Powers,” 2015.
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Bradley, C. “Foreign Relations Law and the Purported Shift Away from "Exceptionalism".” Harvard Law Review Forum 128 (2015): 294–304.Link to Item
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Bradley, C. “Customary International Law's Uncertain Status in the US Legal System.” Oupblog, 2015.
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Bradley, C. “Agora: Reflections on Zivotofsky v. Kerry: Historical Gloss, the Recognition Power, and Judicial Review.” Ajil Unbound 109 (2015): 2–9.Link to Item
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Bradley, C., and C. Vazquez. “Introduction to Agora: Reflections on Zivotofsky v. Kerry.” Ajil Unbound 109 (2015).Link to Item
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Bradley, C., and J. Galbraith. “International Law, Domestic Law, and the Evolution of Presidential War Powers,” 2015.
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Bradley, C., and N. Siegel. “Constructed Constraint and the Constitutional Text.” Duke Law Journal 64, no. 7 (2015): 1213–94.Link to Item
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Bradley, C., and N. Siegel. “After Recess: Historical Practice, Textual Ambiguity, and Constitutional Adverse Possession.” Supreme Court Review, 2015, 1–70.Link to Item
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Bradley, C. “Treaty Termination and Historical Gloss.” Texas Law Review 92 (2014): 773–835.Link to Item
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Bradley, C. “Federalism, Treaty Implementation, and Political Process: Bond v. United States.” American Journal of International Law 108 (2014): 486–96.
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Bradley, C. “A State Preferences Account of Customary International Law Adjudication,” 2014.Link to Item
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Bradley, C. “Supreme Court Holds that Alien Tort Statute Does Not Apply to Conduct in Foreign Countries.” Asil Insights 17 (2013).Link to Item
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Bradley, C. “Emergency Power and Two-Tiered Legality.” Duke Law Journal Online 63 (2013): 1–14.Link to Item
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Bradley, C., and T. Morrison. “Presidential Power, Historical Practice, and Legal Constraint.” Columbia Law Review 113 (2013): 1097–1161.Link to Item
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Bradley, C. “Attorney General Bradford's Opinion and the Alien Tort Statute.” American Journal of International Law 106 (2012): 509–30.Link to Item
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Bradley, C., and M. Gulati. “Foreword: The Duke Project on Custom and Law.” Duke Law Journal 62 (2012): 529–33.Link to Item
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Bradley, C., and T. Morrison. “Historical Gloss and the Separation of Powers.” Harvard Law Review 126 (2012): 411–85.Link to Item
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Gulati, M., and C. Bradley. “Foreword: The Duke Project on Custom and Law.” Duke Law Journal 62 (2012): 529–33.Link to Item
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Bradley, C., and L. Helfer. “International Law and the U.S. Common Law of Foreign Official Immunity.” Supreme Court Review 2010 (2011): 213–72.Link to Item
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Bradley, C., and M. Gulati. “Mandatory Versus Default Rules: How Can Customary International Law Be Improved?.” Yale Law Journal Online 120 (2011): 421–54.Link to Item
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Gulati, M., and C. Bradley. “Mandatory Versus Default Rules: How Can Customary International Law Be Improved?.” Yale Law Journal Online 120 (2011): 421–54.Link to Item
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Helfer, L., and C. Bradley. “International Law and the U.S. Common Law of Foreign Official Immunity.” Supreme Court Review 2010 (2011): 213–72.Link to Item
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Bradley, C. “Foreign Sovereign Immunity and Domestic Officer Suits.” Green Bag 13 (2010): 137–51.Link to Item
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Bradley, C. “Review Essay.” American Journal of International Law 104 (2010): 146–50.
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Bradley, C. “State Action and Corporate Human Rights Liability.” Notre Dame Law Review 85 (2010): 1823–38.Link to Item
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Bradley, C. “Clear Statement Rules and Executive War Powers.” Harvard Journal of Law & Public Policy 33 (2010): 139–48.Link to Item
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Bradley, C. “The United States and Human Rights Treaties: Race Relations, the Cold War, and Constitutionalism.” Chinese Journal of International Law 9 (2010): 321–44.Link to Item
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Bradley, C., and J. Goldsmith. “Foreign Sovereign Immunity, Individual Officials, and Human Rights Litigation.” Green Bag 13 (2010): 9–23.Link to Item
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Bradley, C., and M. Gulati. “Customary International Law and Withdrawal Rights in an Age of Treaties.” Duke Journal of Comparative & International Law 21 (2010): 1–30.Link to Item
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Bradley, C., and M. Gulati. “Withdrawing from International Custom.” Yale Law Journal 120 (2010): 202–75.Link to Item
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Bradley, Curtis A. “Does the Constitution Follow the Flag? The Evolution of Territoriality in American Law.” American Journal of International Law 104, no. 1 (January 1, 2010): 146–50.Link to Item
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Gulati, M., and C. Bradley. “Customary International Law and Withdrawal Rights in an Age of Treaties.” Duke Journal of Comparative & International Law 21 (2010): 1–30.Link to Item
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Gulati, M., and C. Bradley. “Withdrawing from International Custom.” Yale Law Journal 120 (2010): 202–75.Link to Item
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Bradley, C. “The United States, Israel, and Unlawful Combatants.” Green Bag 12 (2009): 397–411.Link to Item
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Bradley, C. “The Bush Administration and International Law: Too Much Lawyering and Too Little Diplomacy.” Duke Journal of Constitutional Law & Public Policy 4 (2009): 57–75.Link to Item
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Bradley, C. “Self-Execution and Treaty Duality.” Supreme Court Review 2008 (2009): 131–82.
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Vidmar, N. “Foreword,” 2009.
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Bradley, C. “Intent, Presumptions, and Non-Self-Executing Treaties.” American Journal of International Law 102 (2008): 540–51.Link to Item
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Bradley, C. “Terror and the Law: The Limits of Judicial Reasoning in the Post-9/11 World.” Foreign Affairs 87, no. July/August (2008): 132–37.Link to Item
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Bradley, C., and J. Kelley. “The Concept of International Delegation.” Law & Contemporary Problems 71 (2008): 1–36.Link to Item
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Bradley, C. “The Federal Judicial Power and the International Legal Order.” Supreme Court Review 2006 (2007): 59–113.Link to Item
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Bradley, C. “Unratified Treaties, Domestic Politics, and the U.S. Constitution.” Harvard International Law Journal 48 (2007): 307–36.Link to Item
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Bradley, C. “The Military Commissions Act, Habeas Corpus, and the Geneva Conventions.” American Journal of International Law 101 (2007): 322–44.Link to Item
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Bradley, C., J. Goldsmith, and D. Moore. “Sosa, Customary International Law, and the Continuing Relevance of Erie.” Harvard Law Review 120 (2007): 870–936.Link to Item
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Bradley, C. “Case Comment, 'Sanchez-Llamas v. Oregon'.” American Journal of International Law 100 (2006): 882–88.Link to Item
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Bradley, C. “Parsing the Commander in Chief Power: Three Distinctions.” American Society of International Law Proceedings 100 (2006): 331–32.Link to Item
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Bradley, C. “Military Commissions and Terrorist Enemy Combatants.” Stanford Journal of Civil Rights & Civil Liberties 2 (2006): 253–57.Link to Item
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Bradley, C. “Enforcing the Avena Decision in U.S. Courts.” Harvard Journal of Law & Public Policy 30 (2006): 119–25.Link to Item
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Bradley, C., and E. Posner. “Presidential Signing Statements and Executive Power.” Constitutional Commentary 23 (2006): 307–64.Link to Item
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Bradley, C., L. Damrosch, and M. Flaherty. “Medellin v. Dretke: Federalism and International Law.” Columbia Journal of Transnational Law 43 (2005): 667–703.Link to Item
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Bradley, C., and J. Goldsmith. “Rejoinder: The War on Terrorism: International Law, Clear Statement Requirements, and Constitutional Design.” Harvard Law Review 118 (2005): 2683–97.Link to Item
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Bradley, C., and J. Goldsmith. “Congressional Authorization and the War on Terrorism.” Harvard Law Review 118 (2005): 2047–2133.Link to Item
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Goldsmith, CA Bradley with Jack. “The War on Terrorism: International Law, Clear Statement Requirements, and Constitutional Design.” Harv. L. Rev. 2683 118 (2005).
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Bradley, C. “Federalism and the Treaty Power.” American Society of International Law Proceedings 98 (2004): 341–43.Link to Item
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Bradley, C., and M. Flaherty. “Executive Power Essentialism and Foreign Affairs.” Michigan Law Review 102 (2004): 545–648.Link to Item
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Bradley, C. “International Delegations, the Structural Constitution, and Non-Self-Execution.” Stanford Law Review 55 (2003): 1557–96.Link to Item
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Bradley, C. “The Juvenile Death Penalty and International Law.” Duke Law Journal 52 (2003): 485–557.Link to Item
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Bradley, C. “The Alien Tort Statute and Article III.” Virginia Journal of International Law 42 (2002): 587–648.Link to Item
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Bradley, C. “World War II Compensation and Foreign Relations Federalism.” Berkeley Journal of International Law 20 (2002): 282–95.Link to Item
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Bradley, C., and J. Goldsmith. “The Constitutional Validity of Military Commissions.” Green Bag 5 (2002): 249–58.
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Bradley, C. “Foreign Affairs and Domestic Reform.” Virginia Law Review 87 (2001): 1475–90.Link to Item
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Bradley, C. “The Costs of International Human Rights Litigation.” Chicago Journal of International Law 2 (2001): 457–73.Link to Item
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Bradley, C. “Universal Jurisdiction and U.S. Law.” University of Chicago Legal Forum 2001 (2001): 323–50.Link to Item
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Bradley, C. “Chevron Deference and Foreign Affairs.” Virginia Law Review 86 (2001): 649–726.Link to Item
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Bradley, C. “Customary International Law and Private Rights of Action.” Chicago Journal of International Law 1 (2000): 421–29.Link to Item
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Bradley, C. “The Treaty Power and American Federalism, Part II.” Michigan Law Review 99 (2000): 98–133.Link to Item
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Bradley, C., and J. Goldsmith. “Treaties, Human Rights, and Conditional Consent.” Pennsylvania Law Review 149 (2000): 339–468.Link to Item
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Bradley, C. “'Breard,' Our Dualist Constitution, and the Internationalist Conception.” Stanford Law Review 51 (1999): 523–59.Link to Item
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Bradley, C. “A New American Foreign Affairs Law?.” University of Colorado Law Review 70 (1999): 1089–1107.Link to Item
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Bradley, C. “The "Pinochet Method" and Political Accountability.” Green Bag 3 (1999): 5–10.
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Bradley, C. “Book Review.” American Journal of International Law 93 (1999): 757–59.Link to Item
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Bradley, C., and J. Goldsmith. “Pinochet and International Human Rights Litigation.” Michigan Law Review 97 (1999): 2129–84.Link to Item
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Bradley, C. “The Charming Betsy Canon and Separation of Powers: Rethinking the Interpretive Role of International Law.” Georgetown Law Journal 86 (1998): 479–537.Link to Item
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Bradley, C. “The Status of Customary International Law in U.S. Courts - Before and After Erie.” Denver Journal of International Law & Policy 26 (1998): 807–26.Link to Item
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Bradley, C. “The Treaty Power and American Federalism.” Michigan Law Review 97 (1998): 390–461.Link to Item
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Bradley, C., and J. Goldsmith. “The Abiding Relevance of Federalism to U.S. Foreign Relations.” American Journal of International Law 92 (1998): 675–79.
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Bradley, C., and J. Goldsmith. “Federal Courts & the Incorporation of International Law.” Harvard Law Review 111 (1998): 2260–75.Link to Item
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Bradley, C. “Territorial Intellectual Property Rights in an Age of Globalism.” Virginia Journal of International Law 37 (1997): 505–85.Link to Item
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Bradley, C., and J. Goldsmith. “The Current Illegitimacy of International Human Rights Litigation.” Fordham Law Review 66 (1997): 319–69.Link to Item
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Bradley, C., and J. Goldsmith. “Customary International Law as Federal Common Law: A Critique of the Modern Position.” Harvard Law Review 110 (1997): 815–76.Link to Item
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Bradley, C., and J. Goldsmith. “Book Review.” Virginia Journal of International Law 34 (1993): 233–44.Link to Item
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Book Sections
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Bradley, C. “What is Foreign Relations Law?.” In Oxford Handbook of Comparative Foreign Relations Law, 3–20. Oxford University Press, 2019.Link to Item
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Bradley, C. “U.S. War Powers and the Potential Benefits of Comparativism.” In Oxford Handbook of Comparative Foreign Relations Law, 753–70. Oxford University Press, 2019.Link to Item
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Bradley, C. “The Irrepressible Functionalism in U.S. Foreign Relations Law.” In Foreign Relations Law. Edward Elgar Publishing, 2019.
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Bradley, C. “Article II Treaties and Signaling Theory.” In The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law, 2019.Link to Item
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Bradley, C. “Customary International Law Adjudication as Common Law Adjudication.” In Custom’s Future: International Law in a Changing World, 34–61, 2016.
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Bradley, C. “Treaty Signature.” In The Oxford Guide to Treaties, 208–19, 2012.Link to Item
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Bradley, C. “Judicial Oversight, Justice, and Executive Discretion Bounded by Law.” In Getting to the Rule of Law, 135–44, 2011.
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Bradley, C. “The Story of Ex parte Milligan: Military Trials, Enemy Combatants, and Congressional Authorization.” In Presidential Power Stories, 93–132, 2009.
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Bradley, C., and C. Schroeder. “Introduction: The Story of Presidential Power.” In Presidential Power Stories, 1–20, 2009.
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Bradley, C. “'Missouri v. Holland'.” In Federalism in America: An Encyclopedia. Greenwood Press, 2006.
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Other Articles
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Bradley, C., J. Goldsmith, and O. Hathaway. “Executive Agreements: International Lawmaking Without Accountability?.” Lawfare, 2019.
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Bradley, C., and J. Goldsmith. “Constitutional Issues Relating to the NATO Support Act.” Lawfare, 2019.
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Bradley, C., O. Hathaway, and J. Goldsmith. “The Death of Article II Treaties?.” Lawfare, 2018.
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Bradley, C., and J. Goldsmith. “OLC’s Meaningless 'National Interests' Test for the Legality of Presidential Uses of Force.” Lawfare, 2018.
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Bradley, C., and L. Helfer. “The Brexit Decision and Its Implications for U.S. Debates Over Treaty Withdrawal.” Lawfare, 2017.
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Bradley, C., and N. Siegel. “Judicial and Media Independence After the Next Attack.” Lawfare, 2017.
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Bradley, C., and J. Goldsmith. “Don't Let Americans Sue Saudi Arabia.” New York Times, 2016.
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Bradley, C., and N. Siegel. “Constitutional Conventions, the Judicial Separation of Powers, and Justice Scalia's Replacement.” Balkinization, 2016.
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Bradley, C. “Republicans Fail in an Attempt at a Civics Lecture to Iranian Leaders.” The Conversation, 2015.
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Bradley, C. “Symposium: Zivotofsky and the Pragmatic Foreign Relations Law.” Scotusblog, 2015.
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Bradley, C. “Terrorists, Pirates, and Drug Traffickers: Customary International Law and U.S. Criminal Prosecutions.” Lawfare, 2013.
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Bradley, C. “Foreign Official Immunity in U.S. Courts Since Samantar.” Lawfare, 2012.
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Bradley, C. “Foreign Officials and Sovereign Immunity in U.S.Courts.” Asil Insights, 2009.Link to Item
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Bradley, C., and J. Goldsmith. “Rights Case Gone Wrong: A Ruling Imperils Firms and U.S. Diplomacy.” Washington Post, 2009.
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Bradley, C., and E. Posner. “Signing Statements: It's a President's Right.” Boston Globe, 2006.
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Bradley, C. “U.S. Announces Intent Not to Ratify International Criminal Court Treaty.” Asil Insights, 2002.Link to Item
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- Teaching & Mentoring
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Recent Courses
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