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Curriculum Vitae

Curtis A. Bradley

Present Position

Richard A. Horvitz Professor of Law
Duke University School of Law
Science Drive and Towerview Road
Durham, N.C. 27708
cbradley@law.duke.edu

Education

• Harvard Law School, Cambridge, Massachusetts J.D. 1988, magna cum laude
• University of Colorado, Boulder, Colorado B.A. 1985, summa cum laude in Political Science

Professional Experience

• Legal Adviser’s Office, U.S. Department of State
  Counselor on International Law, January 2004 — December 2004
• Covington & Burling, Washington, D.C.
  Associate, October 1991 — May 1995
• The Hon. Byron R. White, United States Supreme Court
  Law Clerk, July 1990 — June 1991
• Arnold & Porter, Denver, Colorado
  Associate, September 1989 — June 1990
• The Hon. David M. Ebel, U.S. Court of Appeals for the Tenth Circuit
  Law Clerk, July 1988 — June 1989

Teaching Experience

• Duke Law School
  Professor, Summer 2005 — Present
• Harvard Law School
  Bemis Visiting Professor of International Law — Winter and Spring 2008
• University of Virginia School of Law
  Professor, Summer 2000 — Summer 2005
• University of Virginia School of Law
  Visiting Professor, Summer 1999 — Spring 2000
• University of Colorado School of Law
  Associate Professor, Fall 1995 — Spring 1999
• University of Virginia School of Law
  Lecturer, Fall Term 1993
• George Mason University School of Law
  Adjunct, Summer Terms 1993 and 1994

Areas of Expertise

• International Law
• U.S. Foreign Relations Law
• National Security Law
• Federal Jurisdiction
• International Litigation
• Presidential Power

Publications

Books

• FOREIGN RELATIONS LAW: CASES AND MATERIALS (Aspen Publishers) (3d ed. 2009) (with Jack Goldsmith of Harvard Law School)
• PRESIDENTIAL POWER STORIES (Foundation Press 2009) (co-edited with Christopher Schroeder of Duke Law School)
• 2009 SUPPLEMENT TO FEDERAL COURTS AND THE LAW OF FEDERAL-STATE RELATIONS (6th ed., 2008) (with Peter W. Low and John C. Jeffries, Jr., both of the University of Virginia School of Law)
• INTERNATIONAL LAW (Aspen Publishers) (4th ed. 2003) (with Barry Carter of the Georgetown Law Center)

Book Chapters

• The Story of Ex parte Milligan: Military Trials, Enemy Combatants, and Congressional Authorization, for PRESIDENTIAL POWER STORIES (Foundation Press 2009)

Articles

• Foreign Sovereign Immunity, Individual Officials, and Human Rights Litigation, Volume 13, Green Bag 2d, pp. 9-23 (2009) (with Jack Goldsmith)
• Self-Execution and Treaty Duality, Supreme Court Review, pp. 131-82 (2008)
• Intent, Presumptions, and Non-Self-Executing Treaties, Volume 102, American Journal of International Law, pp. 540-51 (2008)
• The Concept of International Delegation, Volume 71, Law & Contemporary Problems, pp. 1-36 (2008) (with Judith G. Kelley of Duke University)
• Unratified Treaties, Domestic Politics, and the U.S. Constitution, Volume 48, Harvard International Law Journal, pp.307-36 (2007)
• The Military Commissions Act, Habeas Corpus, and the Geneva Conventions, Volume 101, American Journal of International Law, pp.322-44 (2007)
• Sosa, Customary International Law, and the Continuing Relevance of Erie, Volume 120, Harvard Law Review, pp. 870-936 (2007)(with Jack Goldsmith and David Moore)
• The Federal Judicial Power and the International Legal Order, The Supreme Court Review, pp. 59-113 (2006)
• Presidential Signing Statements and Executive Power, Volume 23, Constitutional Commentary, pp. 307-64 (2006)(with Eric Posner of the University of Chicago Law School)
• The War on Terrorism: International Law, Clear Statement Requirements, and Constitutional Design, Volume 118, Harvard Law Review, pp. 2683-97 (2005) (with Jack Goldsmith)
• Congressional Authorization and the War on Terrorism, Volume 118, Harvard Law Review, pp. 2047-2133 (2005) (with Jack Goldsmith)
• Executive Power Essentialism and Foreign Affairs, Volume 102, Michigan Law Review, pp. 545-648 (2004)(with Martin Flaherty of Fordham Law School)
• International Delegations, the Structural Constitution, and Non-Self-Execution, Volume 55, Stanford Law Review, pp. 1557-96 (2003)
• The Juvenile Death Penalty and International Law, Volume 52, Duke Law Journal, pp. 485-557 (2003)
• The Constitutional Validity of Military Commissions, Volume 5, Green Bag 2d, pp. 249-58 (2002) (with Jack Goldsmith)
• The Alien Tort Statute and Article III, Volume 42, Virginia Journal of International Law, pp. 587-648 (2002)
• World War II Compensation and Foreign Relations Federalism, Volume 20, Berkeley Journal of International Law, pp. 282-95 (2002)
• The Costs of International Human Rights Litigation, Volume 2, Chicago Journal of International Law, pp. 457-73 (2001)
• Universal Jurisdiction and U.S. Law, University of Chicago Legal Forum, pp. 323-50 (2001)
• The Treaty Power and American Federalism, Part II, Volume 99, Michigan Law Review, pp. 98-133 (2000)
• Treaties, Human Rights, and Conditional Consent, Volume 149, Pennsylvania Law Review, pp. 399-468 (2000)(with Jack Goldsmith)
• Customary International Law and Private Rights of Action, Volume 1, Chicago Journal of International Law, pp. 421-29 (2000)
• Chevron Deference and Foreign Affairs, Volume 86, Virginia Law Review, pp. 649-726 (2000)
• The "Pinochet Method" and Political Accountability, Volume 3, Green Bag, Second Series, pp. 5-10 (Autumn 1999)
• Pinochet and International Human Rights Litigation, Volume 97, Michigan Law Review, pp. 2129-84 (1999)(with Jack Goldsmith)
• A New American Foreign Affairs Law?, Volume 70, University of Colorado Law Review, pp. 1089-1107 (1999)
• Breard, Our Dualist Constitution, and the Internationalist Conception, Volume 51, Stanford Law Review, pp. 523-59 (1999)
• The Status of Customary International Law in U.S. Courts – Before and After Erie, Volume 26, Denver Journal of International Law and Policy, pp. 807-26 (1998)
• The Abiding Relevance of Federalism to U.S. Foreign Relations, Volume 92, American Journal of International Law, pp. 675-79 (1998)(with Jack Goldsmith)
• The Treaty Power and American Federalism, Volume 97, Michigan Law Review, pp. 390-461 (1998)
• Federal Courts and the Incorporation of International Law, Volume 111, Harvard Law Review, pp. 2260-75 (1998) (with Jack Goldsmith)
• The Charming Betsy Canon and Separation of Powers: Rethinking the Interpretive Role of International Law, Volume 86, Georgetown Law Journal, pp. 479-537 (1998)
• The Current Illegitimacy of International Human Rights Litigation, Volume 66, Fordham Law Review, pp. 319-69 (1997) (with Jack Goldsmith)
• Territorial Intellectual Property Rights in an Age of Globalism, Volume 37, Virginia Journal of International Law, pp. 505-85 (1997)
• Customary International Law as Federal Common Law: A Critique of the Modern Position, Volume 110, Harvard Law Review, pp. 815-76 (1997) (with Jack Goldsmith)

Book Reviews:

• Terror and the Law: The Limits of Judicial Reasoning in the Post-9/11 World, Foreign Affairs (July/August 2008)
• Foreign Affairs and Domestic Reform: A Review of Mary L. Dudziak, Cold War Civil Rights, Volume 87, Virginia Law Review, pp. 1475-90 (2001)
• A Review of John Rogers, International Law and United States Law, Volume 93, American Journal of International Law, pp. 756-59 (1999)
• International Civil Litigation in United States Courts, Volume 37, Virginia Journal of International Law, pp. 233-45 (1993) (with Jack Goldsmith)

Short Essays and Other Writings:

• The United States, Israel, and Unlawful Combatants, 12 Green Bag 2d 397-411 (2009)
• The Bush Administration and International Law: Too Much Lawyering and Too Little Diplomacy, 4 Duke Journal of Constitutional Law & Public Policy 57-75 (2009)
• Enforcing the Avena Decision in U.S. Courts, Volume 30, Harvard Journal of Law & Public Policy, pp. 119-25 (2006)
• Case Comment, Sanchez-Llamas v. Oregon, Volume 100, American Journal of International Law, pp. 882-88 (2006)
• Military Commissions and Terrorist Enemy Combatants, Volume 2, Stanford Journal of Civil Rights & Civil Liberties, pp. 253-57 (2006)
• "Parsing the Commander in Chief Power: Three Distinctions," in PROCEEDINGS OF THE 100TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (2006)
• Medellin v. Dretke: A Debate, 43 Colum. J. Transnat’l L. 667 (2005)
• Entry on "Missouri v. Holland," in FEDERALISM IN AMERICA: AN ENCYCLOPEDIA (Greenwood Press 2005)
• "Federalism and the Treaty Power," in PROCEEDINGS OF THE 98TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (2004)

Miscellaneous Teaching and Professional Activities

• Taught short course at the University of Chicago Law School on "Legal Issues in the War on Terrorism" in April-May 2006.
• Served on Program Committee for the 100th Annual Meeting of the American Society of International Law, 2005-06.
• One of a group of fourteen scholars and former government officials that sent letters to Congress in January and February 2006 analyzing the legality of warrantless domestic surveillance by the National Security Agency.
• Taught two sessions for federal judges in March 2005: one on the Alien Tort Statute as part of the Fourth Circuit’s judicial workshop in Williamsburg, Virginia, and one on detention issues relating to the war on terrorism as part of a Duke Law School workshop for judges.
• Taught a two-day course for federal and state judges entitled, "Grotius, Vattel, and Modern International Law," in conjunction with George Mason’s Law & Economics Center, in the fall of 2004.
• Served as the Director of English Studies at The Hague Academy of International Law in the summer of 2004.
• Taught a three-week course for judges entitled, "International Law in American Courts," at the University of Virginia law school, in the summer of 2003.
• Participated in a debate in London with Britain’s Solicitor General concerning the validity of the U.S. death penalty under international law, in the summer of 2000.
• Assisted the U.S. State Department in the drafting and negotiation of a portion of the proposed Hague Convention on Jurisdiction and Enforcement of Judgments, in the fall of 1998.

Academic Speeches and Presentations

• Panelist and Paper Presenter, Conference on “Legal Aspects of the Fight Against Terrorism,” Ono Academic College, Tel Aviv, Israel, June 2009
• Faculty Workshop, “The United States, Israel, and Unlawful Combatants," Duke Law School, May 2009
• Moderator, “Rethinking the U.S. Relationship to the International Criminal Court,” Duke Law School, April 2009
• Panelist, “War Powers and the Executive,” Annual Federalist Society Student Symposium, Yale Law School, February 2009
• Constitutional Law Workshop, “Self-Execution and Treaty Duality,” Georgetown Law Center, February 2009
• Participant, Annual International Law in Domestic Courts Workshop, Temple Law School, December 2008
• Public Lecture, "The Bush Administration and International Law," Duke Law School, November 2008
• Moderator and Participant, Foreign Relations Law Workshop, Duke Law School, September 2008.
• Participant, Supreme Court Review, Duke Law School, September 2008
• Participant, Panel Discussion on Boumediene v. Bush, Duke Law School,June 2008
• Panelist, "The Politics of Teaching International Law," Annual Meeting of the American Society of International Law, April 2008
• Faculty Workshop, "The Story of Ex parte Milligan," Harvard Law School,March 2008
• Commentator on "Freedom’s Battle: The Origins of Humanitarian Intervention" by Garry Bass, International Law and International Relations Seminar, Weatherhead Center for International Affairs, Harvard University, March 2008
• Paper Presenter, Annual International Law in Domestic Courts Workshop, University of Texas School of Law, December 2007
• Faculty Workshop, "The Story of Ex parte Milligan," University of Virginia School of Law, November 2007
• Moderator and Participant, Foreign Relations Law Workshop, Harvard Law School, November 2007
• Presentation, "Military Detention in the War on Terrorism," University of Chicago Law School, May 2007
• Moderator, Panel on "Detaining Terrorists: Habeas Corpus Concerns," Conference on "Confronting Terrorism Here and Abroad: Which Way Forward?", Duke University, April 2007
• Panelist, National Press Club Briefing on the Military Commissions Act and International Law, Washington, D.C., March 2007
• Presentation for Judges, "Detention and Habeas Issues," for Conference on War on Terrorism, Duke Law School, March 2007
• International Law Workshop, "Unratified Treaties, Domestic Politics, and the U.S. Constitution," Stanford Law School, March 2007
• International Law Workshop, "Unratified Treaties, Domestic Politics, and the U.S. Constitution," Georgetown Law Center, March 2007
• International Law Workshop, "Unratified Treaties, Domestic Politics, and the U.S. Constitution," University of Georgia School of Law, February 2007
• Commentator, Winter Roundtable, "The Law and Politics of International Cooperation," Vanderbilt Law School, January 2007
• Panelist, "Congressional Power and the Military Commissions Act of 2006," American Association of Law Schools Annual Meeting, January 2007
• Panelist, "The Bush Presidency and the Constitution," American Association of Law Schools Annual Meeting, January 2007
• Commentator, Annual International Law in Domestic Courts Workshop, University of San Diego Law School, December 2006
• Moderator and Participant, Foreign Relations Law Workshop, Duke Law School, October 2006
• Faculty Workshop, "Unratified Treaties, Domestic Politics, and the U.S. Constitution," Florida State University School of Law, October 2006
• International Law Workshop, "Unratified Treaties and the U.S. Constitution," Harvard Law School, October 2006
• International Law Workshop, "Sosa, Customary International Law, and the Continuing Relevance of Erie," Northwestern University School of Law, September 2006
• Faculty Workshop, "Presidential Signing Statements and Executive Power," Duke Law School, August 2006
• Summer Workshop, "Unratified Treaty Amendments and Constitutional Process," Duke Law School, June 2006
• Participant, Symposium on "Legitimacy in International Law," Max Planck Institute on International and Comparative Law, Heidelberg, Germany, June 2006
• Workshop, "Sosa, Customary International Law, and the Continuing Relevance of Erie," University of Chicago Law School, May 2006
• Chair, Panel on "The Powers of the Commander in Chief in the Struggle Against Terrorism," 100th Annual Meeting of the American Society of International Law, March 2006
• Participant and Organizer, Workshop on "Delegating Sovereignty: Constitutional and Political Perspectives," Duke Law School, March 2006
• Panelist, "Enforceability of International Tribunals’ Decisions in the U.S.," Annual National Federalist Society Student Symposium, February 2006
• Panelist, "Civil Rights on a Cruise: Spector v. Norwegian Cruise Lines," American Association of Law Schools Annual Meeting, January 2006
• Panelist, "Federal Courts and the War on Terrorism," American Association of Law Schools Annual Meeting, January 2006
• Commentator, Annual International Law in Domestic Courts Workshop, Vanderbilt Law School, December 2005
• Presentation for Federalist Society, "Sosa, Customary International Law, and Federal Common Law," Wake Forest Law School, November 2005
• Moderator, Foreign Relations Law Workshop, Harvard Law School, October 2005
• Presentation for Federalist Society, "Sosa, Customary International Law, and Federal Common Law," University of Chicago Law School, October 2005
• Panelist, "Update on the Global War on Terror," Duke Law School, September 2005
• Panelist, "The Legacy of Justice O’Connor," Duke Law School, August 2005
• Workshop, "Unratified Treaties and the Constitution," University of Chicago Law School, May 2005
• Panelist, Harvard Law Review Symposium, "Congressional Authorization and the War on Terrorism," April 2005
• Panel Moderator, Panel on "The President and International Law in the War on Terrorism," Conference on "Strategies for the War on Terrorism: Taking Stock," Duke Law School, April 2005
• Presentation for Judges, "Detention Issues," for Conference on War on Terrorism, Duke Law School, March 2005
• Presentation for Judges, "The Alien Tort Statute," Federal Judicial Center Program, Williamsburg, Virginia, March 2005
• Panel Moderator, Conference on "Beyond the U.S. War on Terrorism: Comparing Domestic Legal Remedies to an International Dilemma," University of Virginia School of Law, February 2005
• Participant in Debate on Medellin v. Dretke, Columbia Law School, February 2005
• Paper Presenter, Third Annual Workshop of the American Society of International Law’s Interest Group on International Law in Domestic Courts, Georgetown Law Center, December 2004
• Panelist, "International Law and the War Power," American Constitution Society Conference on "Terrorism and the Rule of Law," University of Chicago School of Law, October 2004
• Panelist, "The Alien Tort Statute After Sosa v. Alvarez-Machain: What Future for International Human Rights Litigation in U.S. Courts?," University of Virginia School of Law, September 2004
• Panelist, Training Session on Treaties Within the U.S. Legal System, Legal Adviser’s Office, U.S. Department of State, May 2004
• Panelist, "Treaties in U.S. Law – New Debates on Old Ideas?," 98th Annual Meeting of the American Society of International Law, April 2004
• Panel Moderator, Conference on "International Law and Practice in American Constitutionalism," University of Virginia School of Law, March 2004
• Panelist, Training Session on Customary International Law, Legal Adviser’s Office, U.S. Department of State, February 2004
• Commentator, Second Annual Workshop of the American Society of International Law’s Interest Group on International Law in Domestic Courts, University of Maryland School of Law, December 2003
• Student Summer Workshop, "Detention of Alleged Enemy Combatants After September 11," University of Virginia School of Law, July 2003
• Summer Faculty Workshop, "Unratified Treaties and the Constitution," University of Virginia School of Law, June 2003
• Panelist, "Courts, Sovereignty, and Human Rights," Princeton Program in Law and Public Affairs, on "Globalization, Democracy, and Regulation," May 2003
• Faculty Colloquium, "Executive Power Essentialism and Foreign Affairs," University of Virginia School of Law, March 2003
• Panelist, "Treaties, Enforcement, and U.S. Sovereignty," Stanford Law School, February 2003
• Paper Presenter, First Annual Workshop of the American Society of International Law’s Interest Group on International Law in Domestic Courts, Fordham Law School, December 2002
• Participant, "War and the Constitution," Georgetown University Law Center, October 2002
• Presentation, "What We Know and Don’t Know About Federalism and Foreign Affairs," Office of the Legal Adviser, U.S. State Department, September 2002
• Panelist, "The Constitution in the Age of Globalization," AALS/APS Conference on Constitutional Law, June 2002
• Participant, "Antiterrorism Law," Princeton Program in Law and Public Affairs, May 2002
• Summer Faculty Workshop, "International Delegations and the Structural Constitution," University of Virginia School of Law, May 2002
• Panelist, "Combating Terrorism," University of Virginia School of Law, March 2002
• Panelist, "Alien Tort Claims Act," Federalist Society National Lawyers Convention, Washington, D.C., November 2001
• Workshop, "The Juvenile Death Penalty and International Law," University of Chicago Law School, November 2001
• Presentation for Federalist Society, "World War II Compensation and Foreign Relations Federalism," University of Chicago Law School, November 2001
• Panelist, "International Law in the American Law School," 95th Annual Meeting of the American Society of International Law, April 2001
• Chair, "The U.S. Death Penalty: History and International Perceptions," 95th Annual Meeting of the American Society of International Law, April 2001
• Panelist, "Should U.S. Courts Entertain Claims Against Foreign Governments and Leaders?," Conference on "American Sovereignty: Issues for the New Administration and the New Decade," American Enterprise Institute, Washington, D.C., April 2001
• Panelist, Stefan A. Riesenfeld Symposium, "Fifty Years in the Making: World War II Reparation and Restitution Claims," Boalt Hall School of Law, March 2001
• Paper Presenter, "The Juvenile Death Penalty and International Law," Faculty Retreat, University of Virginia School of Law, January 2001
• Panelist, "Frontiers of Jurisdiction: The Promise and Perils of Universal Jurisdiction," University of Chicago Legal Forum, 15th Annual Symposium, November 2000
• Presenter, "International Perspectives on the Death Penalty," London Sessions, Annual Meeting of the American Bar Association, July 2000
• Panelist, "International Law in Domestic Litigation," 94th Annual Meeting of the American Society of International Law, April 2000
• Panel Moderator, Conference on "Domestic and International Enforcement of Human Rights Norms at the Turn of the Century: Pinochet and the International Criminal Court," University of Virginia School of Law, April 2000
• Panelist, Conference on "International Law and the Dilemma of Accountability," University of Virginia School of Law, February 2000
• Faculty Colloquium, "The U.S. Treatymakers, International Human Rights Law, and Conditional Consent," Notre Dame Law School, February 2000
• Public Presentation, "National Sovereignty vs. Human Rights: The Case of Augusto Pinochet," University of Virginia School of Law, November 1999
• Faculty Colloquium, "Chevron Deference and Foreign Affairs," University of Virginia School of Law, November 1999
• Public Presentation, "Customary International Law as Federal Common Law," Duke University School of Law, October 1999
• Faculty Colloquium, "Chevron Deference and Foreign Affairs," Duke University School of Law, October 1999
• Public Presentation, "National Sovereignty vs. Human Rights: The Case of Augusto Pinochet," William & Mary School of Law, September 1999
• Faculty Colloquium, "Chevron Deference and Foreign Affairs," William & Mary School of Law, September 1999
• Luncheon Presentation, "Pinochet and International Human Rights Litigation," International Law Committee of Colorado Bar Association, March 1999
• Participant, Conference on "Delegating Sovereignty: Constitutional and Legal Implications of U.S. Participation in Treaty Regimes," New York University School of Law, February 1999
• Introductory Presentation, University of Colorado Law Review Symposium, "Foreign Affairs Law at the End of the Century," January 1999
• Faculty Colloquium, "Breard, Our Dualist Constitution, and the Internationalist Conception," University of Colorado School of Law, September 1998
• Faculty Colloquium, "The Treaty Power and American Federalism," University of Colorado School of Law, March 1998
• Panelist, 1997 Sutton Colloquium, University of Denver School of Law, April 1997
• Faculty Colloquium, "The Charming Betsy Canon and Separation of Powers," University of Colorado School of Law, March 1997
• Panelist, International Human Rights Law Symposium, Fordham Law School, February 1997
• Principal Presenter, International Intellectual Property Law Symposium, University of Virginia School of Law, January 1997
• Luncheon Presentation, "Territorial Intellectual Property Rights in an Age of Globalism," International Law and Intellectual Property Law Committees of Colorado Bar Association, October 1996
• Faculty Colloquium, "Customary International Law as Federal Common Law," University of Colorado School of Law, February 1996
• Luncheon Presentation, "Customary International Law as Federal Common Law," International Law Committee of Colorado Bar Association, November 1995

Associations, Activities, and Awards

• Member, Secretary of State’s Advisory Committee on International Law
  U.S. Department of State
• Member, Board of Editors
  American Journal of International Law
• Member, Executive Council
  American Society of International Law
• Member, Executive Board
  Duke’s Center for Law, Ethics, and National Security
• Recipient, Dean’s Award for Faculty Collaboration, Duke Law School, 2006
• District of Columbia and Colorado Bar Associations

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