This evening, we're going to have, at the very least, a discussion which may blossom into a debate-we will see as the evening progresses. However one characterizes the event, we're here to discuss the Medellin v. Dretke case and, more broadly, we are going to be discussing cutting edge issues of international law, including the operation of self-executing treaties and state legal systems, the weight to be given to judgments of international courts interpreting such treaties, and the duties of state and federal judiciaries in this process, all in the context of death penalty cases. Let me give you a brief overview of how we will conduct tonight's discussion. I will give a brief overview of the case and its legal context and then we will hear first from Professor Damrosch and then from Professor Bradley, each of whom will speak for about fifteen minutes. After they finish their initial presentations, there will be about a five minute colloquy between them, and then I intend to go to you, the audience, for questions and answers.
International Law | Law
Curtis Bradley, Lori F. Damrosch & Martin Flaherty,
Medellin v. Dretke: Federalism and International Law,
Colum. J. Transnat'l L.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3407