Foreign Affairs Law
The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis
Article by Curtis A. Bradley, Jack L. Goldsmith & Oona A. Hathaway
Arguments based on historical practice are a mainstay of debates about the constitutional separation of powers. Surprisingly, however, there has been little sustained academic attention to the proper role of…
This Article analyzes the Supreme Court’s 2004 decision in Sosa v. Alvarez-Machain against the backdrop of the post-Erie federal common law. The Article shows that, contrary to the assertion of…
Article by Curtis A. Bradley, David H. Moore & Jack L. Goldsmith