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4 Oct 2023, 7:41 am
This repository contains a collection of information for researchers, journalists, educators, scholars, and the public at large. [read post]
4 Aug 2021, 4:01 am
Nominations will be reviewed by a prize committee comprised of Professors Curt Bradley (University of Chicago), Maggie Gardner (Cornell), Leah Litman (Michigan), Joanna Schwartz (UCLA), and Diego Zambrano (Stanford), with the result announced at the Federal Courts section program at the 2022 AALS Annual Meeting. [read post]
27 Jul 2021, 4:01 am
Nominations will be reviewed by a prize committee comprised of Professors Curt Bradley (University of Chicago), Maggie Gardner (Cornell), Leah Litman (Michigan), Joanna Schwartz (UCLA), and Diego Zambrano (Stanford), with the result announced at the Federal Courts section program at the 2022 AALS Annual Meeting. [read post]
23 Apr 2020, 2:12 pm
That isn’t the only way to understand it, as Curt Bradley and Jack Goldsmith famously argued. [read post]
1 Jul 2019, 6:23 am
” I am also pleased to announce that Professor Ashley Deeks will be joining me and Curt Bradley on the next edition of the casebook as a co-author, and that she has assisted in the preparation of this supplement. [read post]
26 Mar 2019, 7:29 am
Having studied the events of 1937 with my colleague Curt Bradley, I find it difficult to know which factor or factors were decisive in the end given the overdetermined mix of norms, law, and politics that were in play. [read post]
18 Feb 2019, 6:00 am
Curt Bradley and Niel Siegel already have a critique up on SSRN. [read post]
11 Feb 2019, 7:35 am
In a new article, my Duke colleague Curt Bradley and I explain the originalist turn to practice, describe the historical gloss approach, compare gloss with both the narrow and broader accounts of Madisonian liquidation respectively developed by Caleb Nelson and Baude, and suggest that the differences between gloss and liquidation concerning the proper role of historical practice in constitutional interpretation render liquidation less normatively attractive and… [read post]
9 May 2018, 6:29 am
As Curt Bradley and I recently explained, a political commitment “imposes no obligation under international law,” a nation “incurs no state responsibility for its violation,” and thus “a successor President is not bound by a previous President’s political commitment under either domestic or international law and can thus legally disregard it at will. [read post]
26 Nov 2017, 1:42 pm
My colleague Curt Bradley and I have recently taken a detailed look at the constitutional debate over Democratic President Franklin Delano Roosevelt’s 1937 proposal to pack the Supreme Court. [read post]
3 Oct 2017, 9:41 pm
A key source of this approach is Curt Bradley’s and Jack Goldsmith’s article exploring the 2001 congressional authorization for the use of force. [read post]
14 Feb 2017, 6:26 pm
And as Curt Bradley and I have written over at Lawfare, the President may be trying to create a narrative of judicial usurpation that he can use after an attack to rally a frightened public behind his disregard of judicial authority.In a new Coda to the article, I suggest that strength in numbers is one way in which federal judges likely will and should rebut the President's repeated assertions that their decisions are political. [read post]
19 May 2016, 1:00 pm
(The earlier version was the one that Curt Bradley and I discussed here in the NYT a few weeks ago, and that Lawfare mistakenly analyzed yesterday after the new JAFTA’s passage in a post we have now removed). [read post]
23 Apr 2016, 7:41 am
Jack Goldsmith featured his and Curt Bradley’s op-ed in the New York Times on the bill with which Congress aims to expose Saudi Arabia to lawsuits in American courts for its alleged role in the 9/11 attacks. [read post]
22 Apr 2016, 8:50 am
Jack has higlighted his and Curt Bradley's excellent op-ed in the New York Times this morning explaining the negative consequences to amending the Foreign Sovereign Immunities Act to allow Saudi Arabia and other countries to be sued for acts of international terrorism. [read post]
22 Apr 2016, 4:13 am
Curt Bradley and I have an op-ed in the NYT on the bill in Congress that aims to expose Saudi Arabia to lawsuits in American courts for its alleged connection to the 9/11 attacks. [read post]
16 Mar 2016, 2:42 pm
The initiative builds on the model developed a few years ago by my colleagues Curt Bradley and Mitu Gulati, when they ran a project on Law & Custom. [read post]
26 Jan 2016, 10:37 am
In a new paper, my colleague Curt Bradley and I discuss a much earlier debate between Olson and Roberts—while both were working in the Reagan Justice Department—in which their positions were essentially reversed. [read post]
11 Mar 2015, 7:56 am
Over at The Conversation, my colleague Curt Bradley offers a blunt, learned assessment of the March 9 letter that forty-seven Republican Senators signed and directed at the leaders of Iran. [read post]
16 Feb 2015, 12:03 pm
” As Curt Bradley and I explain (p. 2073-2075, and elsewhere in paper), “most authorizations to use force in U.S. history have been of this limited or partial nature. [read post]
