Publications

Academic Publications

Presidential Power over International Law: Restoring the Balance(YALE LAW JOURNAL, October 2009) (examines the role of the president in U.S. international lawmaking)

Treaties' End: The Past, Present and Future of International Lawmaking in the United States, YALE LAW JOURNAL (2008) (examines the use of treaties and congressional-executive agreements from historical, comparative, and empirical perspectives and argues for greater action in replacing most treaties with congressional-executive agreements)

Treaties' End Replication Files:
Treaties' Data Table 1
Comparative Constitutions
Comparative Constitutions Final
Global Constitutions Codebook 04-01-08
Figure 1
Oceana Database Revised for Table 2

International Delegation and Domestic Sovereignty, LAW AND CONTEMPORARY PROBLEMS (2008) (examines the debate over the delegation of legal and political authority to international organizations)

Domestic Enforcement of International Law: Hamdan v. Rumsfeld, in STORIES IN INTERNATIONAL LAW (Foundation Press, 2007)

Why Do Nations Join Human Rights Treaties?, JOURNAL OF CONFLICT RESOLUTION 588 (2007) (peer review journal) (examines why nations subscribe to international human rights treaties utilizing  cross national data analysis and uses findings to assess a political theory of international law)

Replication Files:
Tables
Figures
JCR Replication
Other

Rationalism and Revisionism in International Law, 119 HARV. L. REV. 1404 (2006) (with A. Lavinbuk) (assess the state of the academic debate over international law in light of a recent book on international law, The Limits of International Law, by Jack Goldsmith and Eric Posner)

Between Power and Principle: A Political Theory of International Law, 71 U. CHI. L. REV (forthcoming May 2005) (proposes a new conception of the relationship between international law and state behavior), to be reviewed in Legal Affairs.

The New Empiricism in Human Rights: Insights and Implications, 98 AMERICAN SOCIETY OF INTERNATIONAL LAW PROCEEDINGS 206 (2004)

Foundations of International Law and Politics (co-authored with Harold H. Koh) (a reader intended for legal and political science audiences) (forthcoming from Foundation Press in 2004)

Empirical Approaches to International Law, AM. J. INT’L L. (forthcoming 2004) (discusses the lessons that can be drawn from existing empirical research into human rights law and proposes promising avenues for future research)

The International Law of Torture, in TORTURE: PHILOSOPHICAL, POLITICAL, AND LEGAL PERSPECTIVES (Sanford Levinson ed., Oxford University Press forthcoming 2004) (explores the place of international law in efforts to bring an end to the practice of torture)

The Cost of Commitment, 55 STAN. L. REV. 1821 (2003) (arguing that traditional understandings of the costs of treaty ratification are insufficiently nuanced and that the cost of compliance varies according to the product of a country’s divergence from the requirements of the treaty and the likelihood that the nation will actually change its practices to comply with those requirements and then tests the theory offered using empirical evidence)

Testing Conventional Wisdom, 13 E.J.I.L. 185 (2003) (peer review journal) (arguing that empirical analysis can be an important and powerful tool for testing assumptions regarding state behavior)

Do Human Rights Treaties Make a Difference?, 111 YALE L. J. 1935 (2002) (analyzes quantitative data on over 150 nations during a 40-year period to assess the impact of human rights treaties on countries’ human rights practices and the empirical validity of current theories of international law compliance).

Path Dependence in the Law: The Course and Pattern of Change in a Common Law Legal System, 86 IOWA L. REV. 601 (2001) (develops and applies three strands of path dependence theory to explain change in common law legal systems and to offer a positive and normative account of stare decisis).

Positive Feedback: The Impact of Trade Liberalization on Industry Demands for Protection, 52 INT’L ORG. 575 (1998) (peer review journal) (uses tools drawn from political economy and rational choice theory, as well as empirical evidence, to propose and test a theory that helps explain variation in demand for trade protection).

Book Note, The Politics of the Confirmation Process, 107 YALE L. J. 235 (1996) (reviews John Anthony Maltese, The Selling of Supreme Court Nominees).

Popular Writings

America needs to prepare for early Iraq pullout, THE FINANCIAL TIMES (August 23, 2009) (with Bruce Ackerman)

The  Iraq War is Now Illegal, THE DAILY BEAST (Jan. 1. 2009) (with Bruce Ackerman), available at http://www.thedailybeast.com/blogs-and-stories/2008-12-31/the-iraq-war-is-now-illegal/.

A legal time bomb in Iraq, THE GUARDIAN (U.K.) (December 12, 2008) (with Bruce Ackerman), available at http://www.guardian.co.uk/commentisfree /2008/dec/12/comment-iraq-occupation-us-legality.
 
Bush should include Congress, THE BOSTON GLOBE (November 26, 2008) (with Congressman Bill Delahunt), available at http://www.boston.com/bostonglobe/ editorial_opinion/oped/articles/2008/11/26/bush_should_include_congress/.

Bush's Final Illusion: The president's agreement with Iraq bypasses Congress. Again, SLATE MAGAZINE (October 21, 2008) (with Bruce Ackerman), available at http://www.slate.com/id/2202771/.

The Case for Replacing Article II Treaties with Ex Post Congressional-Executive Agreements, American Constitution Society Issue Brief (Nov. 16, 2008), available at http://www.acslaw.org/node/7625.

Testimony on “The U.S.-Iraq Bilateral Agreement: Constitutional and other Legal Concerns,” House Foreign Affairs Committee, Subcommittee on Oversight, (Nov. 13, 2008), available at http://www.internationalrelations.house.gov/110/hat111908.pdf.

Testimony on “Declaration and Principles: Future U.S. Commitments to Iraq,” House Foreign Affairs Committee, Subcommittee on Oversight (Mar. 4, 2008), available at http://www.internationalrelations.house.gov/110/hat030408.htm.

Testimony on “The November 26 Declaration of Principles: Implications for UN Resolutions on Iraq and for Congressional Oversight,” House Foreign Affairs Committee, Subcommittee on Oversight (February 2008), available at http://www.internationalrelations.house.gov/110/hat020808.pdf.

What Bush Will Surrender in Iraq, TIME MAGAZINE (ONLINE), September 10, 2008 (with Bruce Ackerman) (arguing that the draft agreement with Iraq includes several unconstitutional provisions)

Into No-Man’s Land , THE L.A. TIMES, July 25, 2008 (with Bruce Ackerman) (arguing that the proposed memorandum of understanding with Iraq is unconstitutional and does not adequately protect the troops)

The War's Expiration Date, THE WASHINGTON POST ONLINE, Saturday, April 5, 2008 (with Bruce Ackerman) (arguing that the war in Iraq will become illegal on Jan. 1, 2009 unless new legislation is passed or the UN Mandate is extended)

An Agreement that Needs Agreement , THE WASHINGTON POST ONLINE, Saturday, February 15, 2008 (with Bruce Ackerman) (arguing that the proposed agreement between the United States and Iraq must be apporved by Congress to be legal)

Why We Need International Law , THE NATION, November 19, 2007 (putting forth a case for international law on the ground that international law benefits the United States' national interest)

A Tortured Way to Run A War on Terror, NEWSDAY, October 26, 2005 (op-ed discussing the Administration's efforts to stop Congress from regulating the military's treatment of detainees)

Judge Roberts and International Law & other posts, Supreme Court Extra: Think Progress, at http://court.thinkprogress.org/ (blog).

Debate Club: Is International Law Really Useful?, on-line at LEGAL AFFAIRS (http://www.legalafairs.org/webexclusive/debateclub_.msp) (Jan. 2005) (on-line written debate with Eric Posner, a prominent critic of international law)

Supreme Court Brings Bush Administration Back to Earth, THE HARTFORD COURANT, July 1, 2004 (op-ed discussing the Supreme Court’s cases on the rights of prisoners in the war on terror)

The Court Puts the White House in its Place, NEWSDAY, June 30, 2004 (op-ed discussing the Supreme Court’s cases on the rights of prisoners in the war on terror)

Human Rights and Security, a paper for the United Nations High Level Panel on Global Security Threats (commissioned by the UN Foundation) (proposes ways the UN can use international law to more effectively shape what states do)

Two Cheers for International Law, 27 Wilson Quarterly 50 (Autumn 2003) (examines the role of international law in modern international politics)

Making Human Rights Treaties Work: Global Legal Information and Human Rights in the 21st Century, 31 INT’L J. OF LEGAL INFO. 312 (2003) (discussing why human rights treaties have been ignored in discussions of the war against terrorism and how they can be made more effective)

Making Human Rights Treaties Work, 4 YALE POLITIC 28 (2003) (discussing why human rights treaties have been ignored in discussions of the war against terrorism and how they can be made more effective)

Book Note, The Politics of the Confirmation Process, 107 YALE L. J. 235 (1996) (reviews John Anthony Maltese, The Selling of Supreme Court Nominees)

Whither Biodiversity? The Global Debate over Biological Variety Continues, 15 HARV. INT’L REV. 58 (Winter 1992/93) (journalistic piece examining the international debate over a draft treaty designed to maintain biological diversity)

Lifting the Veil, 19 HARV. POL. REV. 16 (Mar. 1992) (journalistic piece examining the political and social status of women in Kuwait, based in part on observations made during a visit to Kuwait). Winner of the Kennedy School of Government Political Journalism Award.