Description
Book SynopsisThis insightful research review provides an analysis of the modern literature on foreign relations law. The topics explored include; the history of foreign relations law, the role of the courts in adjudicating foreign affairs disputes, executive power over foreign affairs, the domestic status of treaties, the phenomenon of executive agreements, the judicial application of customary international law, and the distribution of authority over war powers. The review provides a unique birds-eye view of the entire field and promises to be an invaluable tool for academics as well as a fascinating read for those interested in the subject.
Trade Review‘Curt Bradley has collected some of the most influential scholarship, representing diverse perspectives, on US foreign relations law. The compilation should both remind experts of old classics and give newcomers a thoughtfully curated introduction to the doctrines, theories, and debates that define this area of US law. It is a very welcome addition to the scene, by one of the field's leading lights.’ -- Monica Hakimi, University of Michigan Law School, US
Table of ContentsVolume I Contents: Acknowledgments Introduction Curtis A. Bradley PART I HISTORY AND CONCEPTUALIZATION OF THE FIELD 1. G. Edward White (1999), ‘The Transformation of the Constitutional Regime of Foreign Relations’, Virginia Law Review, 85 (1), February, 1-150 2. Ganesh Sitaraman and Ingrid Wuerth (2015), ‘The Normalization of Foreign Relations Law’, Harvard Law Review, 128 (7), 1897–979 3. Curtis A. Bradley (2015), ‘Foreign Relations Law and the Purported Shift Away From “Exceptionalism”’, Harvard Law Review, 86 (2), March, 294–304 PART II ROLE OF THE COURTS AND DEFERENCE TO THE EXECUTIVE 4. Harold Hongju Koh (1988), ‘Why the President (Almost) Always Wins in Foreign Affairs: Lessons of the Iran-Contra Affair’, Yale Law Journal, 97 (7), June, 1255–1342 5. Eric A. Posner and Cass R. Sunstein (2007), ‘Chevronizing Foreign Relations Law’, Yale Law Journal, 116 (6), April, 1170–1228 6. Derek Jinks and Neal Kumar Katyal (2007), ‘Disregarding Foreign Relations Law’, Yale Law Journal, 116 (6), April, 1230–83 PART III EXECUTIVE POWER OVER FOREIGN AFFAIRS 7. Michael J. Glennon (1988), ‘Two Views of Presidential Foreign Affairs Power: Little v. Barreme or Curtis-Wright?’, Yale Journal of International Law, 13 (5), November, 5–20 8. Saikrishna B. Prakash and Michael D. Ramsey (2001), ‘The Executive Power over Foreign Affairs’, Yale Law Journal, 111 (2), November, 231–356 9. Curtis A. Bradley and Martin S. Flaherty (2004), ‘Executive Power Essentialism and Foreign Affairs’, Michigan Law Review, 102, February, 545–688 PART IV TREATIES IN DOMESTIC LAW 10. Carlos Manuel Vázquez (1995), ‘The Four Doctrines of Self-Executing Treaties’, American Journal of International Law, 89 (4), February, 695–723 11. Curtis A. Bradley (2008), ‘Self-Execution and Treaty Duality’, Supreme Court Review, 1, 131–82 [52] Index Volume II Contents: Acknowledgements Introduction An introduction to both volumes by the editor appears in Volume I PART I TREATIES AND FEDERALISM 1. Curtis A. Bradley (1998), ‘The Treaty Power and American Federalism’, Michigan Law Review, 97, 390–461 2. Duncan B. Hollis (2006), ‘Executive Federalism: Forging New Federalist Constraints on the Treaty Power’, Southern California Law Review, 79, April, 1327–95 PART II EXECUTIVE AGREEMENTS 3. Bruce Ackerman and David Golove (1995), ‘Is NAFTA Constitutional?’, Harvard Law Review, 108 (4), February, 799–929 4. Oona A. Hathaway (2008), ‘Treaties’ End: The Past, Present, and Future of International Lawmaking in the United States’, Yale Law Journal, 117, April, 1236–1372 PART III CUSTOMARY INTERNATIONAL LAW IN THE U.S. LEGAL SYSTEM 5. Curtis A. Bradley and Jack L. Goldsmith (1997), ‘Customary International Law As Federal Common Law: A Critique of The Modern Position’, Harvard Law Review, 110 (4), February, 815–76 6. Harold Hongju Koh (1998), ‘Is International Law Really State Law?’, Harvard Law Review, 111 (7), May, 1824–61 7. Curtis A. Bradley and Jack L. Goldsmith (1998), ‘Federal Courts and The Incorporation of International Law’, Harvard Law Review, 111 (8), June, 2260–75 PART IV WAR POWERS 8. John Hart Ely (1988), ‘Suppose Congress Wanted a War Powers Act That Worked’, Columbia Law Review, 88 (7), 1379–1431 9. John C. Yoo (1996), ‘The Continuation of Politics by Other Means: The Original Understanding of War Powers’, California Law Review, 84 (2), March, 167–305 10. Michael D. Ramsey (2002), ‘Textualism and War Powers’, University of Chicago Law Review, 69, October, 1543–1638 Index
