This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the pre-emption of state foreign relations activities, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, such as military detention of alleged terrorists, human rights litigation against multinational corporations, the prosecution of piracy, and controversies over immigration enforcement.
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Scheduled in-class examination
|Curtis A. Bradley|
|Sakai site: https://sakai.duke.edu/portal/site/LAW.252.01.F17|
|Email list: LAW.252.01.F17@sakai.duke.edu|
|Course Areas of Practice|