Articles
The Reception of Hans Kelsen's Legal Theory in the United States: A Sociological Model, L'Observateur des Nations Unis (2008)
The Essay explores the reasons underlying opposition to Hans Kelsen's approach to the law within...
The Foreign Affairs Power: Does the Constitution Matter?, Temple Law Review (2007)
Peter Irons’ WAR POWERS favors congressional initiative in questions of war and peace but makes...
Our Very Privileged Executive: Why the Judiciary Can (and Should) Fix the State Secrets Privilege, Temple Law Review (2007)
This paper was first presented at the Temple Law Review Symposium on Executive Power.
...A Truism that Isn't True? The Tenth Amendment and Executive War Power, Catholic University Law Review (2001)
The Tenth Amendment is invoked whenever congressional powers threaten the independent law-making power of the...
Contributions to Books
Selective Affinities: On the American Reception of Hans Kelsen's Legal Theory, Fruits of Exile (2008)
Hans Kelsen (1881-1973), who lived and taught in the United States for over three decades,...
Unpublished Papers
Medellin and Originalism, ExpressO (2008)
In Medellín v. Texas, the Supreme Court permitted Texas to proceed with the execution of...