Fordham Law School, New York, NY, 1989-90, 1991-Present
Leitner Family Professor of International Human Rights
Co-Founder & Co-Director, Joseph R. Crowley Program in International Human Rights

Princeton University, Woodrow Wilson School of Public and International Affairs, 2003-04; 2004-05 Visiting Fellow and Professor, Program in Law and Public Affairs; Visiting Professor

Sungkyunkwan University, Seoul, South Korea, Summer 2006
Visiting Professor in Human Rights, SKKU/Fordham Summer Program

The Queen’s University of Belfast, Northern Ireland, Summer 2001
Visiting Professor in Human Rights, Queen’s/UCD/Fordham Summer Program

China University of Political Science and Law, Beijing, Spring 1999
Visiting Professor; Ford Foundation Grantee

National Judges College, Beijing, Spring 1999
Visiting Professor; Ford Foundation Grantee

Law Clerk to Hon. Byron R. White, Supreme Court of the United States, Oct. Term 1990

Law Clerk to Hon. John J. Gibbons, U.S. Court of Appeals for the Third Circuit, 1988-89

EDUCATION

Columbia Law School
J.D. 1988, Harlan Fiske Stone Scholar, 1985-88
Book Review & Articles Editor, Columbia Law Review

Yale University, History Department
M.Phil, with distinction, 1987; M.A. 1982
Ph.D. Candidate; Dissertation: "Dividing Government Against Itself: Separation of Powers, Federalism, Foreign Affairs, and History"

Trinity College Dublin, Ireland
ITT/Fulbright Fellow, 1982-83

Princeton University
B.A. (history), summa cum laude, 1981

PUBLICATIONS

Constitutional and Foreign Relations Law:

More Real Than Apparent: Separation of Powers, The Rule of Law, and Comparative Executive “Creativity”in Hamdan v. Rumsfeld, CATO SUPREME COURT REVIEW 2005-2006 (forthcoming 2006) [exchange with John Yoo].

Executive Power in Foreign Affairs, 29 HARVARD JOURNAL OF LAW AND PUBLIC POLICY (forthcoming 2006) [exchange with Michael Ramsey].

Impeachment in OXFORD COMPANION TO THE SUPREME COURT (Oxford: Kermit Hall, et. al, eds., 3d ed. 2005).

Introduction, Medellin v. Dretke – Federalism, International Law, and the Supreme Court, 43 COLUMBIA JOURNAL OF TRANSNATIONAL LAW 667 (2005).

Executive Power Essentialism and Foreign Affairs, 102 MICHIGAN LAW REVIEW 525 (2004) [with Curtis A. Bradley]

The Future and Past of U.S. Foreign Affairs Law, 67 LAW AND CONTEMPORARY PROBLEMS 169 (2004)

Byron White, Federalism, and the Greatest Generation(s), 74 COLORADO LAW REVIEW (2003)

The Better Angels of Self-Government, 71 FORDHAM LAW REVIEW 1773 (2003)

John Marshall, McCulloch v. Maryland, and “We the People”: Revisions in Need of Revising, 43 WILLIAM AND MARY LAW REVIEW 1339 (2002)

Constitutional Asymmetry, 69 FORDHAM LAW REVIEW 2073 (2001)

Aim Globally, 17 CONSTITUTIONAL COMMENTARY 205 (2000)

History Right?: Historical Scholarship, Original Understanding, and Treaties as “Supreme Law of the Land,” 99 COLUMBIA LAW REVIEW 2095 (1999)

Are We to Be A Nation?: “States’ Rights” and the Treaty Power, 70 COLORADO LAW REVIEW (Symposium) 1277 (1999)

More Apparent Than Real: The Revolutionary Commitment to Constitutional Federalism, 45 KANSAS LAW REVIEW (Symposium) 1993 (1997)

The Practice of Faith, 65 FORDHAM LAW REVIEW (Symposium) 1565 (1997)

Relearning Founding Lessons: Joint Accountability and the Removal Power, 47 CASE WESTERN RESERVE LAW REVIEW (Symposium) 1563 (1997)

The Most Dangerous Branch, 105 YALE LAW JOURNAL 1725 (1996)

History "Lite" and Modern American Constitutionalism, 95 COLUMBIA LAW REVIEW 523 (1995)

International and Human Rights Law:

Judicial Globalization in the Service of Self-Government, 20 ETHICS & INTERNATIONAL AFFAIRS (forthcoming 2006).

Separation of Powers in a Global Context, in JUDGES, TRANSITION, AND HUMAN RIGHTS CULTURES: ESSAYS IN HONOUR OF STEPHEN LIVINGSTONE (John Morrison and Colin Harvey, eds., forthcoming 2006)

Rawls, Rights, and Reality, in UNIVERSAL HUMAN RIGHTS AND BULWARKS OF LOCALISM (Christopher Eisgruber and Andras Sajo, eds. 2005)

Exporting Despair: U.S. Aid Policy and the Right to Health, 28 FORDHAM INTERNATIONAL LAW JOURNAL 1 (2005) [with Tracy Higgins and Mehlika Hoodbhoy].

Rights, Reality, and Utopia in Symposium: Rawls and the Law, 72 FORDHAM LAW REVIEW 1789 (2004)

UNJUST ORDER: MALAYSIA’S INTERNAL SECURITY ACT (Crowley Program 2003) [Co-author and editor]

Unjust Order: Malaysia’s Internal Security Act, 27 FORDHAM INTERNATIONAL LAW JOURNAL 1 (2003) [Co-author and editor]

Interim Report on the Rule of Law, Democracy and the Protection of Fundamental Rights in Hong Kong, 57 RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 397 (2002) [Co-author and editor]

PRESUMED GUILTY? CRIMINAL JUSTICE AND HUMAN RIGHTS IN MEXICO (Crowley Program & Centro de Derechos Humanos Agustín Pro Juárez, 2001) [Co-author and editor]

Presumed Guilty? Criminal Justice and Human Rights in Mexico, 24 FORDHAM INTERNATIONAL LAW JOURNAL 1 (2000) [Co-author and editor]

One Country, Two Legal Systems?: A Report on the Rule of Law in Hong Kong Two Years After the Resumption of Chinese Sovereignty, 55 RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 325 (2000) [Co-author and editor]

One Country, Two Systems?: The Rule of Law, Democracy, and Rights in Post-Handover Hong Kong, 23 FORDHAM INTERNATIONAL LAW JOURNAL 1 (1999) [Co-author and editor]

Obstacles to Reform: Exceptional Courts, Police Impunity & Persecution of Human Rights Defenders in Turkey (Lawyers Committee for Human Rights, 1999) [Co-author and editor]

Justice on Trial: State Security Courts, Police Impunity, and the Intimidation of Human Rights Defenders in Turkey, 22 FORDHAM INTERNATIONAL LAW JOURNAL 2129 (1999) [Co-author and editor]

AT THE CROSSROADS: HUMAN RIGHTS AND THE NORTHERN IRELAND PEACE PROCESS (Lawyers Committee for Human Rights, 1996) [Co-author and editor]

Interrogation, Legal Advice, and Human Rights in Northern Ireland, 27 COLUMBIA HUMAN RIGHTS LAW REVIEW 1 (1995)

Human Rights Violation against Defense Lawyers: The Case of Northern Ireland, 7 HARVARD HUMAN RIGHTS JOURNAL 87 (1994)

HUMAN RIGHTS AND LEGAL DEFENSE IN NORTHERN IRELAND (Lawyers Committee for Human Rights, 1993) [Principal author]

Legal History:

Review Essay, Post-Originalism, reviewing David P. Currie, The Constitution in Congress: The Jeffersonians, 68 UNIVERSITY OF CHICAGO LAW REVIEW 1089 (2001)

The Irish Articles of Religion in LAW AS CULTURE AND CULTURE AS LAW: ESSAYS IN HONOR OF JOHN PHILLIP REID (2000)

Book Review, The Other Founders by Saul Cornell, 44 AMERICAN JOURNAL OF LEGAL HISTORY 320 (2000)

From a Reidian Perspective in LAW AS CULTURE AND CULTURE AS LAW: ESSAYS IN HONOR OF JOHN PHILLIP REID (2000)

Book Review, Negotiating the Constitution: The Earliest Debates Over Original Intent by Joseph M. Lynch, 44 AMERICAN JOURNAL OF LEGAL HISTORY 96 (2000)

History in Constitutional Argumentation in ENCYCLOPEDIA OF THE AMERICAN CONSTITUTION, Supplement II (2000)

Book Review, Original Meanings: Politics and Ideas in the Making of the Constitution by Jack N. Rakove, 41 AMERICAN JOURNAL OF LEGAL HISTORY 518 (1997)

Book Review, Neither Kingdom Nor Nation by Neil Longley York, 15 LAW AND HISTORY REVIEW 167 (1997)

Book Review, Constitutional History of the American Revolution: The Authority to Legislate by John Phillip Reid, 11 LAW AND HISTORY REVIEW 197 (1993)

Note, The Empire Strikes Back, Annesley v. Sherlock and the Triumph of Imperial Parliamentary Supremacy, 87 COLUMBIA LAW REVIEW 593 (1987)

Work-in-Progress:

“Power, History, and Constitutional Law”
“Judicial Globalization in the Service of Self-Government”
“Global Separation of Powers”

Anthologized Work:

History “Lite” in Modern American Constitutionalism in CONSTITUTIONAL THEORY: ARGUMENTS AND PERSPECTIVES, Michael J. Gerhardt, Thomas D. Rowe Jr., Rebecca L. Brown & Girardeau A. Spann, eds. (2nd ed. 2000)

The Most Dangerous Branch in MODERN CONSTITUTIONAL THEORY: A READER, John H. Garvey & T. Alexander Aleinikoff, eds. (4th ed. 1999)

PAPERS, PRESENTATIONS, SYMPOSIA

“Transnational Separation of Powers,” Judges, Transition, and Human Rights, Queens University Belfast, 2005

“Closing Remarks,” Harvard Workshop on Foreign Relations Law, Harvard Law School, 2005

“Federalism and the Founding,” The Supreme Court: Case and Controversy, Program in Law and Public Affairs, Princeton, 2005

“Teaching Human Rights: The Crowley Program,” Conference on Human Rights Education, NYU School of Law, 2005.

Judicial Globalization in the Service of Self-Government,” American Society of International Law Conference, Georgetown Law Center, 2004

“Judicial Globalization in the Service of Self-Government,” Columbia Law School Legal Theory Workshop, 2004

“Judicial Globalization in the Service of Self-Government,” UCLA Law School Legal History Colloquium, 2004

Commentator, “The Future of Constitutional Conflict in the European Union by Mattias Kum & Victor Ferreres Comella,” Altneuland: The Constitution of Europe in an American Perspective,” Woodrow Wilson School of Public and International Affairs, Princeton University and NYU School of Law, 2004

“Judicial Globalization in the Service of Self-Government,” Program in Law and Public Affairs Colloquium Series, Princeton University, 2004

“Founding Federalism and European Unity,” Altneuland: Perspectives on the European Constitution, Princeton University and NYU Law School, 2004

“William Molyneux and Irish Liberty in the Eighteenth Century,” Liberty Fund Conference, Santa Fe, New Mexico, 2004

“Executive Power Essentialism and Foreign Affairs,” University of Houston Faculty Colloquium, 2004

“Rawls, Rights, and Reality,” Universalism and Local Knowledge in Human Rights, Princeton University, 2003

“Rights, Reality, and Utopia,” Rawls and the Law, Fordham Law School, 2003

“The Founding, Executive Authority, and Foreign Affairs,” NYU Legal History Colloquium, 2003

“Justice White v. ‘States’ Rights,’” The Legacy of Justice Byron R. White, University of Colorado School of Law, 2003

“Executive Foreign Affairs Authority and War,” Georgetown & Maryland Conference on Constitutional Law, 2002

“Structuring a New World Order,” Progressive and Conservative Visions of Law at the Dawn of a New Century, Fourth Annual Public Law Conference, Duke University School of Law, 2002 [panelist & co-organizer]

Conference on Law and Terrorism, Princeton University, 2002 [commentator]

“States’ Rights and Wrongs,” Progressivism and State Law, Fordham Law School, 2002 [panelist]

Presumed Disloyal: Immigrant Communities in Times of War, 2002 [Co-organizer with Human Rights in China]

“Popular Sovereignty and Constitutional Citizenship,” Georgetown & Maryland Conference on Constitutional Law, 2001

“Recent Developments in the Rule of Law in Hong Kong,” Asian-Affairs Committee, Association of the Bar of the City of New York, 2001

“John Marshall and We The People,” The Legacy of Chief Justice John Marshall, Institute of Bill of Rights Law, Marshall-Wythe Law School, College of William & Mary, 2001

“Popular Sovereignty and McCulloch v. Maryland,” St. John’s University School of Law, 2001

“Who the People?,” Georgetown & Maryland Conference on Constitutional Law, 2001

“Constitutional Asymmetry,” Fordham Law School Conference on Constitutional Law and the Good Society, 2000

“Foreign Affairs and the New ‘States’ Rights,’” American Society of International Law Annual Meeting, 2000

“Aim Globally: The Place of Foreign Affairs Law in the U.S. Constitutional Canon,” Georgetown Biennial Conference on Constitutional Law, 1999

“The Multiple Sovereignties of the Founding,” American Society of Legal History Annual Meeting, 1999

“‘States’ Rights’ and Foreign Affairs,” University of Colorado Law School Conference on Foreign Affairs Law and the Constitution, 1999

Association of the Bar of the City of New York Conference on the 50th Anniversary of the Universal Declaration of Human Rights, 1998 [Moderator & Organizer]

Georgetown Biennial Conference on Constitutional Law, 1998

“In a Reidian Posture,” American Society of Legal History Annual Meeting, 1997

Fordham Law School Symposium on Human Rights on the Eve of the Next Century, 1997 [Principal Organizer]

“What Every Justice Should Know About Federalism,” NYU Constitutional Theory Colloquium, 1997

“Joint Accountability and Presidential Removal Power,” Case Western Reserve Law School Conference on Presidential Power in the Twenty-First Century, 1997

“Fidelity and Synthesis in Constitutional Theory,” Fordham Law School Conference on Fidelity in Constitutional Theory, 1996

“The Revolutionary Commitment to Constitutional Federalism,” University of Kansas Law School Conference on Federalism, 1996

“The Most Dangerous Department,” Pacific Coast Branch - American Historical Association, 1996

“Marching Backward Into The Future?,” Georgetown Biennial Conference on Constitutional Law, 1995

“The Most Dangerous Branch,” NYU Legal History Colloquium, 1995

“History 'Lite' and Modern American Constitutionalism,” NYU Legal History Colloquium, 1994

“Mr. Publius Goes to Warsaw,” Georgetown Biennial Conference on Constitutional Law, 1993

“Human Rights and Legal Defense in Northern Ireland,” NYU Legal History Colloquium, 1993

“The Articles of Religion and the Imperial Civil Wars,” NYU Legal History Colloquium, 1992

“The Empire Strikes Back,” Columbia Legal History Colloquium, 1986

HUMAN RIGHTS MISSIONS

Romania, 2005 (with Romani Kris)
Kenya, 2004 (with Family Planning of Kenya)
Malaysia, 2002 (with Suara Rakyat Malaysia/SUARAM)
Northern Ireland, 2001 (with the Lawyers Committee for Human Rights)
Mexico, 2000 (with the Centro de Derechos Humanos Miguel Agustín Pro Juárez)
Hong Kong, 1999 (with the Association of the Bar of the City of New York)
Turkey, 1998 (with the Lawyers Committee for Human Rights)
Northern Ireland, 1996 (with the Lawyers Committee for Human Rights)
Northern Ireland, 1992 (with the Lawyers Committee for Human Rights)

AWARDS AND HONORS

Ford Foundation Grant, 1999
ITT/Fulbright Fellowship, 1981-82
C.O. Joline Prize, Princeton, 1981 (best senior thesis in American history)
New Jersey Society of Colonial Wars Prize, Princeton, 1981 (best senior thesis in colonial American history)
Koren Prize, Princeton, 1980 (best average in history, junior year)

MEDIA

The New York Times, The Boston Globe, New York Daily News, New York Post, Knight-Ridder News Service, Apple Daily (Hong Kong), CNN, MSNBC, Court TV, Fox News, BBC, ABC Radio Network, Bloomberg Radio Network, WABC-TV (New York), WCBS-TV (New York), WNBC-TV (New York), WPIX-TV (New York), UPN-9 (New York), WABC Radio (New York), WOR Radio (New York)

COURSES TAUGHT

Comparative Federalism
Constitutional Law
International Human Rights Law
International Human Rights and Democratic Theory
International Human Rights and Development
International Human Rights Advocacy
Legal History
Public International Law
U.S. Foreign Relation Law

ADMISSIONS AND ASSOCIATIONS

Life Member, Council on Foreign Relations
Committee on International Human Rights (former Chair), New York City Bar Association
Supreme Court of the United States
New York Bar
New Jersey Bar
Institute of Early American History and Culture
Organization of American Historians
American Legal History Association
American Society of International Law