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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
“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-...
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...
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!
7mo
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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....
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...
3mo
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...
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....
4mo
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....
9mo
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...
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UChicago Law
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lawreview.uchicago.edu
<p><span>From the constitutional Founding until </span><span>Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts routinely applied a body of
General Law Revivalism and the Problem of 1938
papers.ssrn.com
www.law.uchicago.edu
Erie’s Future and General Common Law Revivalism | University of Chicago Law School
From the constitutional Founding until Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts routinely applied a body of "general law" to
papers.ssrn.com
General Law Revivalism and the Problem of 1938
virginialawreview.org
<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
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.
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Extradition in the Early Republic: International Law and Constitutional Authority
Justices question Trump tariffs as Supreme Court weighs keeping them: Top takeaways
Who controls treaty withdrawal, the president or Congress?
www.execfunctions.org
Can Trump Pull Out of NATO?