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A Realist Defense of the Alien Tort Statute (forthcoming 2011), Washington University Law Review (2011)

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Bagram, Boumediene, and Limited Government (with M. Falkoff), DePaul Law Review (2010)

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Responses to the Ten Questions (symposium), William Mitchell Law Review (2010)

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American Hegemony and the Foreign Affairs Constitution, Arizona State Law Journal (2009)

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Detainee Policy and the Rule of Law: A Response, Harvard International Law Journal Online (2007)

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Toward a Limited-Government Theory of Extraterritorial Detention (with M. Falkoff), New York University Annual Survey of American Law (2007)

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The Balance of Forces and the Empire of Liberty: States' Rights and the Louisiana Purchase, Iowa Law Review (2003)

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Starbucks and the New Federalism: The Court's Answer to Globalization (student comment), Northwestern University Law Review (2001)

Shifting U.S. Attitudes Toward China (op-ed) (with I. Oren)., St. Louis Post-Dispatch (1995)