Curtis Bradley

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Curtis Bradley is the William Van Alstyne Professor of Law and Professor of Public Policy Studies at Duke University. 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 is currently a co-Editor-in-Chief of the American Journal of International Law. Recently, he served as a Reporter on the American Law Institute’s Restatement (Fourth) project on The Foreign Relations Law of the United States.

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Executive Power

OLC’s Meaningless 'National Interests' Test for the Legality of Presidential Uses of Force

The Justice Department’s Office of Legal Counsel (OLC) published a legal opinion May 31 that explained the basis for its oral advice in April that President Trump had the authority under Article II of the Constitution to direct airstrikes against Syria.

Executive Power

Does Congress Care That the President Controls International Law?

We have a new draft paper, forthcoming in the Harvard Law Review, on how extensively the president has come to control international law for the United States, and what, if anything, should be done about it. As we explain at the end of this post, one of the central questions implicated by the paper is: Does Congress care?

Donald Trump

Judicial and Media Independence After the Next Attack

With his repeated disparagement of the judiciary and unfounded criticism of the news media for under-reporting terrorist attacks, a number of commentators have suggested that Trump is preemptively trying to shift the blame to the courts and the media in the event that an attack occurs. We agree that this is a concern. Our greater concern, however, is that he may be able to use this blame-shifting narrative to reduce the future checking power of institutions like the judiciary and the media, especially in the wake of a terrorist attack.

Western Europe

The Brexit Decision and Its Implications for U.S. Debates over Treaty Withdrawal

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. In doing so, the Court emphasized the “constitutional character” of the legislation that implements the UK’s membership in the EU (para. 67).