A forthcoming draft paper in the Harvard Law Review takes up the question.
Curtis Bradley is the William Van Alstyne Professor of Law, Professor of Public Policy Studies, and Senior Associate Dean for Academic Affairs. He joined the Duke law faculty in 2005, after teaching at the University of Virginia and University of Colorado law schools. 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. Recently, he was appointed to serve as a Reporter on the American Law Institute's new Restatement project on The Foreign Relations Law of the United States.
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In light of President Trump's repeated disparagement of the judiciary and unfounded criticism of the news media for under-reporting terrorist attacks, it is important to start thinking now about how to defend these institutions' future checking power.
Affirming a lower court decision, the UK Supreme Court has held that, despite the referendum in June 2016 calling for withdrawal from the European Union, Britain cannot withdraw from the Union without parliamentary approval.
Abrogate only Saudi Arabia's immunity.
One claim that is being made about President Obama’s decision to seek congressional authorization for military action in Syria is that it is likely to weaken the authority of the presidency with respect to the use of force. Peter Spiro contends, for example, that Obama’s action is “a watershed in the modern history of war power” that may end up making congressional pre-authorization a necessary condition for even small-scale military operations.
The Supreme Court recently agreed to hear an important case concerning the government’s foreign affairs powers, Bond v.
Terrorists, Pirates, and Drug Traffickers: Customary International Law and U.S. Criminal Prosecutions
As I discuss in my forthcoming book, International Law in the U.S. Legal System, regardless of whether customary international law has the status of self-executing federal law, it can play an important role in U.S.