Judicial Foreign Relations Authority After 9/11
55 New York Law School Law Review 119 (2012)
Restoring Separation of Powers in Foreign Affairs
2 St. John's Journal of International and Comparative Law 21 (2012)
“Global Power in and Age of Rights”
The U.S. Supreme Court and International Law: Continuity or Change?, (William Dodge, Michael Ramsey, David Sloss, eds; Cambridge 2011).
“Constitutional Resolve in a World Changed Utterly”
The U.S. Supreme Court and International Law: Continuity or Change?, (William Dodge, Michael Ramsey, David Sloss, eds; Cambridge, (2011).
“Separation of Powers, the Rule of Law, and Executive “Creativity” in Hamdan v. Rumsfeld,”
Separation of Powers: The U.S. Perspective (D. Sujatha ed. 2009)
“The Story of the Neutrality Controversy: Struggling Over Presidential Power Outside the Courts”
Presidential Power Stories (Curtis A. Bradley & Christopher H. Schroeder, eds.) (2008).
More Real Than Apparent: Separation of Powers, The Rule of Law, and Comparative Executive “Creativity”
Hamdan v. Rumsfeld, Cato Supreme Court Review 2005-2006 (2006) [exchange with John Yoo].
The Most Dangerous Branch Abroad
30 Harvard Journal of Law and Public Policy 1 (2006) [exchange with Michael Ramsey].
Impeachment
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)
John Marshall, McCulloch v. Maryland, and “We the People”: Revisions in Need of Revising
43 William and Mary Law Review 1339 (2002)
History Right?: Historical Scholarship, Original Understanding, and Treaties as “Supreme Law of the Land
99 Columbia Law Review 2095 (1999)