Publications

Constitutional & Foreign Relations Law

Offline Publications

Global Order of the Court

43 Fordham International Law Journal __ (forthcoming 2020).

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The Constitution and Foreign Affairs

Oxford Research Encyclopedia of American History (2019)

But Maybe Everything That Dies Someday Comes Back

32 Constitutional Commentary (2018)

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Extraterritoriality

American Governance (Mark Graber, ed.) (2016)

The Constitution Follows the Drone: Targeted Killings, Legal Constraints, and Judicial Safeguard

2 Harvard Journal of Law and Public Policy 211 (2015)

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Judicial Foreign Relations Authority After 9/11

55 New York Law School Law Review 119 (2012)

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Restoring Separation of Powers in Foreign Affairs

2 St. John's Journal of International and Comparative Law 21 (2012)

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“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)

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Surrendering the Rule of Law in Foreign Relations

32 Fordham Int’l L. J. 1154 (2009)

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Organs Misused and Used

53 St. Louis U. L. J. 137 (2008)

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“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].

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The Most Dangerous Branch Abroad

30 Harvard Journal of Law and Public Policy 1 (2006) [exchange with Michael Ramsey].

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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)

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Executive Power Essentialism and Foreign Affairs

102 Michigan Law Review 525 (2004) [with Curtis A. Bradley]

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The Future and Past of U.S. Foreign Affairs Law

67 Law and Contemporary Problems 169 (2004)

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Byron White, Federalism, and the Greatest Generation(s)

74 Colorado Law Review (2003)

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The Better Angels of Self-Government

71 Fordham Law Review 1773 (2003)

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John Marshall, McCulloch v. Maryland, and “We the People”: Revisions in Need of Revising

43 William and Mary Law Review 1339 (2002)

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Constitutional Asymmetry

69 Fordham Law Review 2073 (2001)

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Aim Globally

17 Constitutional Commentary 205 (2000)

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History Right?: Historical Scholarship, Original Understanding, and Treaties as “Supreme Law of the Land

99 Columbia Law Review 2095 (1999)

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Are We to Be A Nation?: “States’ Rights” and the Treaty Power

70 Colorado Law Review (Symposium) 1277 (1999)

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More Apparent Than Real: The Revolutionary Commitment to Constitutional Federalism

45 Kansas Law Review (Symposium) 1993 (1997)

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The Practice of Faith

65 Fordham Law Review (Symposium) 1565 (1997)

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Relearning Founding Lessons: Joint Accountability and the Removal Power

47 Case Western Reserve Law Review (Symposium) 1563 (1997)

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The Most Dangerous Branch

105 Yale Law Journal 1725 (1996)

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Online Publications

Featured

Jesner and the Supreme Court’s Ongoing Assault on International Human Rights

American Constitution Society

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Aim Globally

17 Constitutional Commentary 205 (2000)

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Security Vs. Freedom: Contemporary Controversies

Harvard Journal of Law & Public Policy (Winter 2015)

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Offline Publications

One Country, Which Direction?: Hong Kong 15 Years After the Handover

1 Columbia Journal of Transnational Law 275 (2013)

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Keynote: "But for Wuhan?: Do Foreign Law Schools That Operate in Authoritarian Regimes Have Human Rights Obligations?

5 Drexel Law Review 297 (2013)

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Human Rights Law, American Justice, and the “War on Terror”

25 OAH Magazine of History 35 (2011).

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Judicial Globalization in the Service of Self-Government

20 Ethics & International Affairs 477 (2006).

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Separation of Powers in a Global Context

Judges, Transition, and Human Rights Cultures: Essays in Honour of Stephen Livingstone (John Morrison and Colin Harvey, eds. 2006)

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Rawls, Rights, and Reality

Universal Human Rights and Bulwarks of Localism (Christopher Eisgruber and Andras Sajo, eds. 2005)

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Exporting Despair: U.S. Aid Policy and the Right to Health

28 Fordham International Law Journal 1 (2005) [with Tracy Higgins and Mehlika Hoodbhoy].

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Rights, Reality, and Utopia in Symposium: Rawls and the Law

72 Fordham Law Review 1789 (2004)

Unjust Order: Malaysia’s Internal Security Act

27 Fordham International Law Journal 1 (2003) [Co-author and editor]

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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]

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Presumed Guilty? Criminal Justice and Human Rights in Mexico

(Crowley Program & Centro de Derechos Humanos Agustín Pro Juárez, 2001) [Co-author and editor]

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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]

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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]

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Obstacles to Reform: Human Rights in Turkey

(Lawyers Committee for Human Rights, 1999) [Co-author and editor]

Justice on Trial: Human Rights Violations in Turkey

22 Fordham International Law Journal 2129 (1999) [Co-author and editor]

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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)

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Human Rights Violations Against Defense Lawyers

7 Harvard Human Rights Journal 87 (1994)

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Human Rights and Legal Defense in Northern Ireland

(Lawyers Committee for Human Rights, 1993) [Principal author]

Online Publications

Featured

Facing the Unravelling of Reform: Domestic and International Perspectives on the Changing Role of China’s Rights Lawyers

Fordham International Law

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Making Hope and History Rhyme: The Cory Inquiry and Transitional Justice in Northern Ireland

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“But for Wuhan?”: Do Law Schools Operating in Authoritarian Regimes Have Human Rights Obligations?

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Offline Publications

Book Review, The Futility of Law and Development: China and the Dangers of Exporting American Law by Jedidiah J. Kroncke

104 Journal of American History 47 (2017)

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Foreward: Historians and the New Originalism: Contextualism, Historicism, and Constitutional Meaning

84 Fordham Law Review 905 (2015)

Can the Quill Be Mightier than the Uzi?: History “Lite,” “Law Office,” and Worse Meets the Second Amendment

37 Cardozo Law Review 663 (2015)

Book Review, Harold Bruff, “Untrodden Ground: America’s Evolutionary Presidency”

65 Case Western Reserve Law Review 881 (2015)

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Book Review, The Language of Law and the Foundations of American Constitutionalism by Gary McDowell 2010

98 Journal of American History 494 (2011)

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Book Review, Originalism, Federalism, and the American Constitution: A Historical Inquiry by Edward A. Purcell

29 Journal of the Early Republic 741 (2009).

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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

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)

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From a Reidian Perspective

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)

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History in Constitutional Argumentation

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)

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Book Review, Neither Kingdom Nor Nation by Neil Longley York

15 Law And History Review 167 (1997)

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Book Review, Constitutional History of the American Revolution: The Authority to Legislate by John Phillip Reid

11 Law and History Review 197 (1993)

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Note, The Empire Strikes Back, Annesley v. Sherlock and the Triumph of Imperial Parliamentary Supremacy

87 Columbia Law Review 593 (1987)

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Online Publications

Featured

Constitutional Asymmetry

Fordham Law Review

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Book Review: Harold Bruff, Untrodden Ground: America’s Evolutionary Presidency

Case Western Reserve Law Review

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Book Review: For Liberty and Equality: The Life and Times of the Declaration of Independence

Oxford University Press

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Selected Papers, Presentations, Symposia

Selected Papers

Debate: [with Jack Goldsmith] The Legality of Drones in International and Domestic Law

Fordham Law School, 2012

Keynote Address: Do Law Schools Doing Business in Authoritarian Regimes Have Human Rights Obligations?

Drexel Law School, 2012

Human Rights and the Obama Administration

American Constitution Society, held at the Brennan Center, New York City, 2011, Panelist, [with Steve Vladeck, Dawn Johnson]

Debate, [with John Yoo, Julian Ku, Jeremy Rabkin] Globalization and U.S. Law

American Enterprise Institute, Washington DC, 2012

Current Challenges in International Human Rights

Freidman Conference, Columbia Law School, 2012 {Panelist]

National Security and the Executive

Federalist Society Annual Meeting, Washington DC, 2011, Panelist, [with John Yoo, Michael Ramsey]

The Current Crackdown on Lawyers in China

International Law Weekend, 2011, Panelist, [with Jerome Cohen, Sharon Hom]

Restoring the Judiciary to Foreign Relations

Law@Princeton, 10th Anniversary Symposium, Program in Law and Public Affairs, Princeton University, 2010

Treaty Claims in U.S. Courts after Medellin v. Texas

International Law Weekend, New York, 2010

International Law, Domestic Courts, and Terrorism

NYU School of Law, 2007 [Panelist]

Debate [with Michael Ramsay], “Foreign Relations and the Supreme Court

Federalist Society Annual Student Convention, Columbia Law School, 2007 [Judge Alex Kozinski, moderator], 2007

A New Constitutional Order?

Fordham Law School, 2007. [Panelist]

Testimony, International Commission of Jurists’Eminent Jurists Panel

Former South African Constitutional Court Chief Justice Arthur Chaskelson, chair, 2007

Book Workshop, “Aggressive Nationalism: John Marshall and McCulloch v. Maryland by Joseph Ellis

University of Buffalo, 2007

Customary International Law in US Law

New York City Bar Association, 2007 [Panelist]

Ashcroft v. Raich: State Rights and Medical Marijuana

The Supreme Court: Case and Controversy, Program in Law and Public Affairs, Princeton University, 2006.

Separation of Powers in a Global Context

Judges, Transition, and Human Rights Cultures: Presentation in Honour of Stephen Livingstone, “Queen’s University, Belfast, 2006

Closing Remarks

Foreign Relations Law Workshop, Harvard Law School, 2006

Judicial Globalization

Temple Law School Conference on International Law, 2006

Global Separation of Powers and Executive Power

ASIL International Law in Domestic Courts Annual Meeting, University of San Diego, 2006

Eighteenth Century Constraints on the Twenty-First Century Executive

Georgetown/Maryland Biennial Constitutional Law Discussion Group, 2006

Judicial Globalization and Democracy

ACS/Federalist Society, Fordham Law School [debate with John McGinnis], 2006

Separation of Powers, the Rule of (International) Law, and Comparative Executive ‘Creativity’ in Hamdan v. Rumsfeld

Federalist Society, New York, [debate with John Yoo] 2006

Separation of Powers, the Rule of (International) Law, and Comparative Executive ‘Creativity’ in Hamdan v. Rumsfeld

Cato Institute, [debate with John Yoo] 2006

Executive Essentialism in Foreign Affairs

Federalist Society Annual Student Convention, Columbia Law School, 2006

Hamdan and International Law

Annual Survey of Law, NYU Law School, 2006

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.

Publications

Constitutional & Foreign Relations Law

Offline Publications

Online Publications

International & Human Rights Law

Offline Publications

Online Publications

History

Offline Publications

Online Publications

Selected Papers, Presentations, Symposia