However bitter, complex, and urgent today's controversies over executive power may be, Yoo reminds us...

John Yoo, the key legal architect of the Bush administration’s response to 9/11, delivers a...

Since the September 11 attacks on the United States, the Bush administration has come under...

This paper examines the continuing difference between the Constitution’s Article II treaty, and the congressional-executive...

This paper examines current debates over the scope of presidential power through the lens of...

This paper examines current debates over the scope of presidential power through the lens of...

However bitter, complex, and urgent today's controversies over executive power may be, Yoo reminds us...

This essay asks whether the Constitution’s implicit grant of the removal power to the President...

This essay examines the costs of judicial intervention in wartime policy through the lens of...

This essay argues that the “unitary executive” of the American Constitution includes both a procedural...

This paper examines Andrew Jackson's role in establishing the foundations of the Presidency. He is...

This paper argues that Thomas Jefferson was not the opponent of presidential power commonly assumed...

This Essay criticizes the proposed Federal Marriage Amendment as inconsistent with the principle of federalism....

We respond here to Unleashing the Dogs of War by Sai Prakash, which represents the...

Many have long debated whether Congress may strip the federal courts completely of jurisdiction over...

This article examines the role of the federal courts in the war on terrorism, and...

An overlooked gap in the legal study of national security decisionmaking is civil-military relations. Civilian...

Critics of the Bush administration's conduct of the war on terrorism and the wars in...

In response to the September 11 attacks, President Bush created the Terrorist Surveillance Program, which...

The Supreme Court's decision in Hamdan v. Rumsfeld represents a radical new judicial approach to...

Contemporary accounts of the allocation of war powers authority often focus on textual or historical...

This Article argues that critics have exaggerated the impact and importance of the Eleventh Amendment...

Why are some Presidents great and others not? Does their attitude toward the Constitution have...

This Article questions the widely-held view, expressed most clearly by John Hart Ely's War and...

This essay criticizes the Supreme Court's use of foreign legal precedents in constitutional cases. If...

This year marks the 200th anniversary of Marbury v. Madison, the case which is often...

The terrorist attacks on the United States on September 11, 2001 raised important questions concerning...

This Essay, written as a response to a pro-Congress view in the war powers debate,...

This essay argues that Crosby v. National Foreign Trade Council may not portend a more...

The theory of the political safeguards of federalism has made a recent comeback, appearing in...

This article develops a theory explaining the constitutionality of the congressional-executive agreement, an alternatve to...

After six years in mothballs, the Supreme Court appointments process likely will be returning to...

This article seeks to resolve the debate over the use of a statutory method for...

This essay, a contribution to a fall symposium at the Oklahoma City University law school,...

As the globalization of society and the economy accelerates, treaties will come to assume a...

This Rejoinder responds to Professors Flaherty and Vazquez by advancing textual and structural constitutional arguments...

This paper examines the continuing difference between the Constitution’s Article II treaty, and the congressional-executive...

Failed states pose one of the deepest challenges to American national security and international peace...

Philosophers of great stature rarely write about international law or international relations. When they do,...

The change of administration in the US may have encouraged the belief that collective security...

We continue to live in a dangerous world. We are exposed to the risk that...

Collective-security ideas that emerged from the First World War nobly sought to end the carnage...

This essay addresses proposals for international regulation of intelligence gathering activities. We show that international...

Critics of the Bush administration's conduct of the war on terrorism and the wars in...

This piece criticizes U.N. proposals to reform the international legal rules on the use of...

The rise of China raises questions about the future of international law. The current system...

Contemporary accounts of the allocation of war powers authority often focus on textual or historical...

Abstract. Some international tribunals, such as the Iran-U.S. claims tribunal and the trade dispute panels...

This Article questions the widely-held view, expressed most clearly by John Hart Ely's War and...

This paper explores the international law governing the use of force in the wake of...

This paper discusses the functional ability of federal courts to incorporate customary international law (CIL)...

Many international legal scholars and foreign governments have argued that the recent war in Iraq...

This essay argues that Crosby v. National Foreign Trade Council may not portend a more...

This article develops a theory explaining the constitutionality of the congressional-executive agreement, an alternatve to...

As the globalization of society and the economy accelerates, treaties will come to assume a...

This Rejoinder responds to Professors Flaherty and Vazquez by advancing textual and structural constitutional arguments...

This paper examines the continuing difference between the Constitution’s Article II treaty, and the congressional-executive...

After the September 11, 2001 attacks, the United States went to war. With thousands of...

However bitter, complex, and urgent today's controversies over executive power may be, Yoo reminds us...

This essay asks whether the Constitution’s implicit grant of the removal power to the President...

The change of administration in the US may have encouraged the belief that collective security...

This essay examines the costs of judicial intervention in wartime policy through the lens of...

We continue to live in a dangerous world. We are exposed to the risk that...

This essay argues that the “unitary executive” of the American Constitution includes both a procedural...

Collective-security ideas that emerged from the First World War nobly sought to end the carnage...

We respond here to Unleashing the Dogs of War by Sai Prakash, which represents the...

Many have long debated whether Congress may strip the federal courts completely of jurisdiction over...

This essay addresses proposals for international regulation of intelligence gathering activities. We show that international...

This article examines the role of the federal courts in the war on terrorism, and...

An overlooked gap in the legal study of national security decisionmaking is civil-military relations. Civilian...

Critics of the Bush administration's conduct of the war on terrorism and the wars in...

In response to the September 11 attacks, President Bush created the Terrorist Surveillance Program, which...

The Supreme Court's decision in Hamdan v. Rumsfeld represents a radical new judicial approach to...

The rise of China raises questions about the future of international law. The current system...

This paper identifies and analyzes two legal questions raised by the war against the al...

Many international legal scholars and foreign governments have argued that the recent war in Iraq...

This Essay, written as a response to a pro-Congress view in the war powers debate,...

The U.S. Supreme Court's 2007-08 term had something for everybody. Liberals came away with a...

Last week's Supreme Court decision in Boumediene v. Bush has been painted as a stinging...

The Democratic Party's grant of primary voting rights to superdelegates, many of them members of...