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International Law and Constitutional Interpretation: The Commander in Chief Clause Reconsidered
(Michigan Law Review, 2007)
The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of ...
The Dangers of Deference: International Claim Settlement by the President
(Harvard International Law Journal, 2003)
During the final months of the Clinton administration, the State Department entered into a trio of unprecedented international agreements with France (the "French Agreement"), Germany (the "German Agreement"), and Austria ...
The President's Power to Detain "Enemy Combatants": Modern Lessons from Mr. Madison's Forgotten War
(Northwestern University Law Review, 2004)
This article uses three sets of cases from the War of 1812 to illustrate three problems with how modern courts have approached the detention of "enemy combatants" in the United States. The War of 1812 cases show that modern ...
Authorizations for the Use of Force, International Law, and the "Charming Betsy" Canon
(Boston College Law Review, 2005)
Although international law has figured prominently in many disputes around actions of the U.S. military, the precise relationship between international law and the President's war powers has gone largely unexplored. This ...