Volume 93.5 is now live, featuring pieces by Curtis Bradley, @curtbradley.bsky.social; Elizabeth Hidalgo Reese, @yunpovi.bsky.social; Shruti Baxi; Gabriel Juedemann; and Sami Winawer. You can find them all here: lawreview.uchicago.edu.

It’s out today! Here’s the latest edition of my monograph on international law in the U.S. legal system. As you might guess, there was a lot to cover since the last edition. www.amazon.com/Internationa...

International Law in the US Legal System

provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States. Curtis Bradley explains the structure of the U.S. legal system and the various...

amazon.com

Here’s an essay on the operation of the War Powers Resolution (WPR) during the Iran conflict. Bottom line: The WPR continues to affect the war powers interactions between Congress and the President. But, as currently structured, it may be doing more harm than good. papers.ssrn.com/sol3/papers....

To Federal Courts instructors: We now have a completely updated Teacher’s Manual for our casebook! Available for law school professors, the Manual is over 350 single-spaced pages and covers the new Eleventh Edition of the casebook and the latest supplement. faculty.westacademic.com/Book/Detail?...

The free supplement for the new edition of our Federal Courts casebook is now available. Although the latest edition of the casebook came out this year, the Supreme Court’s term was full of Federal Courts-related rulings, so there was a lot to cover. 3668083.app.netsuite.com/core/media/m...

“In light of President Trump’s recent threats to withdraw the United States from the North Atlantic Treaty, @jacklgoldsmith.bsky.social chats with @curtbradley.bsky.social of the University of Chicago Law School about whether Trump has the authority to do so.” www.execfunctions.org/p/can-trump-...

Can Trump Pull Out of NATO?

Who controls treaty withdrawal, the president or Congress?

execfunctions.org

I'm excited to report that we have a new edition of our federal courts casebook about to come out, and that the wonderful Trevor Morrison will be joining us as a co-author going forward!

I’m excited to report that my new paper with Jack Goldsmith, “General Law Revivalism and the Problem of 1938,” will be published by the Yale Law Journal (link below). Still plenty of time for comments! @yalelawjournal.bsky.social papers.ssrn.com/sol3/papers....

During the Midway Dinner — a cherished tradition at #UChicagoLaw that marks the halfway point of 2L’s journeys — Prof. @curtbradley.bsky.social had three suggestions for the JD class of 2027: “Stay curious, be tentative in your views, and value community.” www.law.uchicago.edu/news/be-curi...

Here's my latest paper with Jack Goldsmith, "General Law Revivalism and the Problem of 1938." Short version: Erie is incompatible with and precludes many versions of originalism but is now too foundational to eliminate. (Comments appreciated.) papers.ssrn.com/sol3/papers....

How do lower courts respond when the Supreme Court starts casting doubt on its own precedents without overruling them? How *should* the lower courts respond? Tara Grove and I consider these questions in this article, which is now out in the Virginia Law Review. virginialawreview.org/wp-content/u...

Several justices were concerned that if they sided with Trump, Congress would lose control over tariffs, even though the Constitution gives that power to lawmakers, said Prof. @curtbradley.bsky.social

Justices question Trump tariffs as Supreme Court weighs keeping them: Top takeaways

Justices question whether Trump has the power to impose tariffs on most imports. The questions reveal much about where they stand on Trump's policies.

buff.ly

My article on Sovereign Power Constitutionalism is finally out! As I explain, it is difficult to understand the U.S. Constitution’s allocations of authority without understanding the international law backdrop against which the Constitution was written. lawreview.uchicago.edu/sites/defaul...

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

law.uchicago.edu

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....

👇👇👇 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 · last yr.

📢 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 ⬇️

@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…

lawfaremedia.org

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-...

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.

justsecurity.org

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...

nytimes.com

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

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...

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

justsecurity.org

@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-...

@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.

lawfaremedia.org

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/...

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

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...

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.

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....