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Curtis Bradley @curtbradley.bsky.social · 29d

It's been almost 90 years since the Supreme Court in Erie v. Tompkins disallowed federal court application of general common law. There has, however, been a revival of interest in the general common law, something we'll be discussing this spring at UChicago!
www.law.uchicago.edu/events/eries...

Erie’s Future and General Common Law Revivalism | University of Chicago Law School

www.law.uchicago.edu

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Curtis Bradley @curtbradley.bsky.social · Aug 12

Here’s my latest draft article, “Extradition in the Early Republic: International Law and Constitutional Authority.” It documents how interpreters constructed the constitutional law of extradition, resolving key issues concerning presidential power and federalism.
papers.ssrn.com/sol3/papers....

Extradition in the Early Republic: International Law and Constitutional Authority

<span>This Article is the first comprehensive account of the constitutional foundations of U.S. extradition practice and its relationship to international law.<

papers.ssrn.com

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Reposted by Curtis Bradley

Katherine Mims Crocker @crockeroncourts.bsky.social · Jul 1

👇👇👇 Featuring @williambaude.bsky.social, @curtbradley.bsky.social, Sam Bray, John Harrison, @marinklevy.bsky.social, @gillianmetzger.bsky.social, @portiapedro.bsky.social, Jim Pfander, Alex Reinert, Tom Schmidt, @jcschwartzprof.bsky.social, Fred Smith, Mila Sohoni, Adam Steinman & Garrett West

Katherine Mims Crocker @crockeroncourts.bsky.social · Jul 1

📢 Harvard Law Review Symposium Announcement: "Judicial Review in Jeopardy?"

Panel discussions on October 10; print publication in June. Honored to work with co-organizer Neil Siegel and these other excellent scholars on such an important (and timely) topic ⬇️

Flyer announcing Harvard Law Review symposium "Judicial Review in Jeopardy?"

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Reposted by Curtis Bradley

Lawfare @lawfaremedia.org · May 6

@jacklgoldsmith.bsky.social, @oonahathaway.bsky.social, and @curtbradley.bsky.social explain why the Ukraine-U.S. agreement is likely a “sole executive agreement” and does not need to be submitted to Congress and analyze the relevance of recent reforms to the Case-Zablocki Act.

The U.S.-Ukraine Agreement: Legality and Transparency

The recently announced mineral deal is likely a lawful “sole executive agreement” that the president need not submit to Congress, but subsequent implementing agreements are likely to raise questions…

www.lawfaremedia.org

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Curtis Bradley @curtbradley.bsky.social · May 6

This post assesses the legality and transparency of the U.S.-Ukraine minerals agreement and future implementing agreements. We argue: U.S. citizens should not have to depend on disclosure by other countries to know what the U.S. government is doing in their name.
www.lawfaremedia.org/article/the-...

The U.S.-Ukraine Agreement: Legality and Transparency

The recently announced mineral deal is likely a lawful “sole executive agreement” that the president need not submit to Congress, but subsequent implementing agreements are likely to raise questions o...

www.lawfaremedia.org

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Reposted by Curtis Bradley

Just Security @justsecurity.org · May 6

Q: Is the US - #Ukraine agreement on #CriticalMinerals one that requires congressional or Senate approval?

A: No, write @curtbradley.bsky.social, @jacklgoldsmith.bsky.social, and @oonahathaway.bsky.social
But follow-on agreements very well might.

A x-post w/our friends at @lawfaremedia.org

The U.S.-Ukraine Agreement: Legality and Transparency

The mineral deal is likely a “sole executive agreement” that the president need not submit to Congress, but transparency obligations remain.

www.justsecurity.org

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Reposted by Curtis Bradley

The New York Times @nytimes.com · Apr 18

Read a federal appeals panel’s sharp rebuke of the Trump administration.

Read a Federal Appeals Panel’s Sharp Rebuke of the Trump Administration

A federal appeals court in Virginia issued a striking opinion on Thursday, reaffirming that the Trump administration had to take a more active approach in seeking the release of a Maryland man, Kilmar...

www.nytimes.com

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Curtis Bradley @curtbradley.bsky.social · Apr 17

Update: Members of the House are now involved in an effort to find out about the agreement that the administration made with El Salvador concerning the detention of migrants, an agreement that under federal law must be reported to Congress.
democrats-foreignaffairs.house.gov/press-releas...

Meeks, Castro Send Letter to Rubio Demanding Answers on El Salvador Agreement

democrats-foreignaffairs.house.gov

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Reposted by Curtis Bradley

Jack Goldsmith @jacklgoldsmith.bsky.social · Apr 17

My former boss Judge Wilkinson, joined by judges King and Thacker, issues a strongly but respectfully worded decision denying USG request for emergency relief in the Abrego Garcia case. storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

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Reposted by Curtis Bradley

Just Security @justsecurity.org · Apr 17

A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained, write @curtbradley.bsky.social, @jackgoldsmith.bsky.social, & @oonahathaway.bsky.social

X-post with @lawfaremedia.org

www.justsecurity.org/110515/trans...

New Transparency Rules and the El Salvador Detention Agreement

A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained

www.justsecurity.org

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Curtis Bradley @curtbradley.bsky.social · Apr 17

@oonahathaway.bsky.social, @jacklgoldsmith.bsky.social, and I have a new post discussing how transparency rules enacted by Congress in 2022 may help reveal the terms of the agreement that the U.S. has made with El Salvador concerning the detention of migrants.
www.lawfaremedia.org/article/the-...

The New Transparency Rules and the El Salvador Detention Agreement

A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained.

www.lawfaremedia.org

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Reposted by Curtis Bradley

Lawfare @lawfaremedia.org · Apr 17

@curtbradley.bsky.social, @jacklgoldsmith.bsky.social, and @oonahathaway.bsky.social explore how a transparency statute for international agreements passed in 2022 could force the disclosure of any U.S.-El Salvador agreements related to Kilmar Abrego Garcia’s detention at CECOT.

The New Transparency Rules and the El Salvador Detention Agreement

A 2022 statute could force disclosure of any U.S.-El Salvador agreements connected to the facility where Kilmar Abrego Garcia is detained.

www.lawfaremedia.org

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Curtis Bradley @curtbradley.bsky.social · Feb 10

Thanks, Larry, for recommending my latest paper. And I should note that there is still time for me to take account of comments!

lsolum.typepad.com/legaltheory/...

Bradley on United States v. Curtiss-Wright Export Corporation and Sovereign Powers

Curtis Bradley (The University of Chicago Law School) has posted Sovereign Power Constitutionalism on SSRN. Here is the abstract: The constitutional text seems to be missing a host of governmental pow...

lsolum.typepad.com

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Curtis Bradley @curtbradley.bsky.social · Feb 3

balkin.blogspot.com/2025/02/balk...

Balkinization: Balkinization Symposium on Curtis A. Bradley, Historical Gloss and Foreign Affairs-- Collected Posts

A group blog on constitutional law, theory, and politics

balkin.blogspot.com

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Curtis Bradley @curtbradley.bsky.social · Jan 30

The Balkinization site recently hosted commentaries on my new book, “Historical Gloss and Foreign Affairs.” The commentators are all terrific scholars, and I found their reflections to be extremely fair-minded and insightful. I address a few points here.
balkin.blogspot.com/2025/01/glos...

Balkinization: Glossing the Foreign Affairs Constitution

A group blog on constitutional law, theory, and politics

balkin.blogspot.com

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Curtis Bradley @curtbradley.bsky.social · Jan 29

An advantage of the historical gloss approach is that, by focusing on the accretion of governmental practices over multiple political alignments, it provides some resistance to radical norm-breaking by one particular President. True of birthright citizenship, impoundment of money, and other issues.

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Curtis Bradley @curtbradley.bsky.social · Jan 23

This new paper, "Sovereign Power Constitutionalism," is one of the most challenging papers I've ever written. It shows how conceptions of nationhood have long informed U.S. constitutional interpretation. Forthcoming in @UChiLRev but still plenty of time for comments!
papers.ssrn.com/sol3/papers....

Sovereign Power Constitutionalism

<p><span>The constitutional text seems to be missing a host of governmental powers that we take for granted, including powers relating to immigration, Indian af

papers.ssrn.com

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Curtis Bradley @curtbradley.bsky.social · Jan 21

Trump said that that the U.S. would consider its withdrawal from the Paris agreement to be "effective immediately,” but the treaty requires a one-year waiting period. He did not say this about withdrawal from the WHO agreement, probably because a federal statute specifies a one-year waiting period.

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Curtis Bradley @curtbradley.bsky.social · Jan 15

I’m honored that my new book is the subject of commentary this week on the Balkinization site. There’s an incredible lineup of commentators, and I’m excited to see what they have to say. I’ll respond when it’s all done, mainly to thank everyone for their engagement with my work.
balkin.blogspot.com

Balkinization

A group blog on constitutional law, theory, and politics

balkin.blogspot.com

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Curtis Bradley @curtbradley.bsky.social · Dec 4

A fair-minded review of my new book, from an originalist perspective, by Julian Ku. I agree with him that “originalists should welcome the use of historical gloss,” in part because, as he notes, “it is hard to imagine a functional originalist Constitution without it.”
fedsoc.org/commentary/f...

How Should Historical Gloss Inform Our Interpretation of the Constitution?: A Review of Historical Gloss and Foreign Affairs: Constitutional Authority in Practice

“[It is] an inadmissibly narrow conception of American constitutional law to confine it to the word...

fedsoc.org

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Curtis Bradley @curtbradley.bsky.social · Dec 3

"During the early history of extradition in the United States, political actors were simultaneously working out their positions on the relevant international law rules while also working out their positions on matters of domestic authority, and those two projects inevitably intersected."

Curtis Bradley @curtbradley.bsky.social · Dec 3

It’s been said that the past is another country. That’s certainly true of the early U.S. practice of international extradition, as I discuss here. The practice raised difficult issues of presidential power, federalism, and the domestic application of international law.
tlblog.org/historical-g...

Historical Gloss and the Extradition Power - Transnational Litigation Blog

In a recently-published book, “Historical Gloss and Foreign Affairs: Constitutional Authority in Practice,” I document how the foreign affairs powers of Congress and the executive branch have been hea...

tlblog.org

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Curtis Bradley @curtbradley.bsky.social · Dec 3

It’s been said that the past is another country. That’s certainly true of the early U.S. practice of international extradition, as I discuss here. The practice raised difficult issues of presidential power, federalism, and the domestic application of international law.
tlblog.org/historical-g...

Historical Gloss and the Extradition Power - Transnational Litigation Blog

In a recently-published book, “Historical Gloss and Foreign Affairs: Constitutional Authority in Practice,” I document how the foreign affairs powers of Congress and the executive branch have been hea...

tlblog.org

Curtis Bradley @curtbradley.bsky.social · Dec 2

How do the lower courts respond when the Supreme Court starts disfavoring (rather than overruling) its precedents—Bivens, for example, or Chevron before Loper Bright? How should they respond? Tara Grove and I explore these and related questions in this new paper.
papers.ssrn.com/sol3/papers....

Vertical Stare Decisis and Disfavored Precedent: An Empirical and Normative Analysis

There has been significant debate in recent years about the stare decisis effect of Supreme Court decisions, prompted in large part by the overturning of Roe v.

papers.ssrn.com

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Curtis Bradley @curtbradley.bsky.social · Nov 25

After having presented my new book at a number of other law schools in recent weeks, it will be a special treat to “launch” the book at this upcoming event at my own law school. With commentary from my amazing colleagues Will Baude and David Strauss.
www.law.uchicago.edu/events/book-...

Book Launch- Historical Gloss and Foreign Affairs: Constitutional Authority in Practice | University of Chicago Law School

www.law.uchicago.edu

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Reposted by Curtis Bradley

William Baude @williambaude.bsky.social · Nov 25

Call For Papers! The University of Chicago 2025 Constitutional Law Conference seeks papers on any aspect of constitutional rights. Details here:

UChicago Constitutional Law Conference 2025 Call for Papers | University of Chicago Law School

The Paper Submission Deadline is January 16, 2025. There is no charge for submissions.

buff.ly

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