About the Book
Foreign Relations Law: Cases and Materials, 4th Edition
Co-authors Bradley and Goldsmith offer new material and insightful discussions that explore the profound effects the “war on terrorism” is having on foreign relations law.
Fourth Edition
Curtis A. Bradley, Duke University
Jack Goldsmith, Harvard University
2012. 860 pages. ISBN: 978-1-4548-0684-4.
With Teacher’s Manual.
About the Book
A leading casebook in foreign relations, Foreign Relations Law: Cases and Examples, examines the constitutional and statutory law that regulates the conduct of contemporary U.S. foreign relations. Using a compelling mix of case and noncase materials, Bradley and Goldsmith focus on U.S. affairs abroad and international cases in which the U.S. exercises jurisdiction. Its extensive coverage of contemporary legal controversies and the grey areas between international and domestic affairs make this casebook a perennial favorite.
The Fourth Edition has been updated to include the resounding effects the “war on terror” is having on all aspects of foreign relations policy and the laws relating to detention, interrogation, surveillance, state secrets, habeas corpus and target killing. The impacts of recent events, such as U.S. military involvement in Libya, are given thorough treatment. New court cases affecting habeas corpus and non-U.S. citizens, the president’s authority to detain alleged terrorists, and immunity for foreign officials in civil suits are also included. In addition, there is new section on legal regulation of CIA covert operations and clandestine operations by the U.S. military.
Hallmark features of Foreign Relations Law:
• Extensive coverage of contemporary foreign relations law controversies, including:
• The scope of the president’s war powers and the validity of executive agreements.
• The legal framework for the post-September 11 “war on terrorism.”
• Judicial reliance on foreign and international materials to interpret the Constitution.
• Extraterritorial application of federal law.
• The relationship between national foreign affairs powers, including the treaty power, and structural principles of federalism and separation of powers.
• The status of customary international law in the U.S. legal system, including international human rights litigation in U.S. courts.
• Cohesive theoretical framework that illuminates:
• The increasing importance of the intersection between international law and U.S. domestic law, and the blurred line between domestic and foreign affairs.
• The importance of constitutional structure in regulating foreign affairs.
• The historical relevance of modern controversies.
• The ways constitutional law on foreign affairs is often developed outside the courts.
• Detailed Teacher’s Manual.
• Extensive Notes and Questions for each topic.
• Compelling mix of cases and noncase materials.
The revised Fourth Edition includes:
• New section on legal regulation of covert operations by the CIA and clandestine operations by the U. S. military.
• Revision of the war powers material to include recent developments, including U.S. military operations in Libya, and issues and the debate surrounding the war on terrorism.
• Discussion of recent war on terror decisions by the D.C. Circuit and the D.C. District Court, including Al-Bihani v. Obama, Maqaleh v. Gates and Al-Aulaqi v. Obama.
• Excerpt from U.S. Supreme Court’s decision in Samantar v. Yousuf, concerning immunity of foreign officials in civil suits brought in U.S. Courts.
• Excerpt of Second Circuit’s decision in Kiobel v. Royal Dutch Petroleum Co., concerning the ability of human rights victims to sue corporations under the Alien Tort Statute.
• Notes and Questions following new court decisions.
• Additional insights from political science literature regarding the interaction of Congress, the Executive and the courts in regulating U.S. foreign relations.
