FEDERAL courts and the INCORPORATION International Law Curtis A. Bradley and Jack L. Goldsmith argued that Customary International Law has the status of self-executing federal common law. We concluded that this view, which we termed the "modern position," lacks historical support. Our view is that Cfl, should not be treated as federal law in the absence of authorization from the federal political branches.
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Original Title
Federal Courts and the Incorporation of International Law
FEDERAL courts and the INCORPORATION International Law Curtis A. Bradley and Jack L. Goldsmith argued that Customary International Law has the status of self-executing federal common law. We concluded that this view, which we termed the "modern position," lacks historical support. Our view is that Cfl, should not be treated as federal law in the absence of authorization from the federal political branches.
FEDERAL courts and the INCORPORATION International Law Curtis A. Bradley and Jack L. Goldsmith argued that Customary International Law has the status of self-executing federal common law. We concluded that this view, which we termed the "modern position," lacks historical support. Our view is that Cfl, should not be treated as federal law in the absence of authorization from the federal political branches.