160 Packard Avenue, Medford, MA 02155
Research/Areas of Interest:
Use of Force; Terrorism; Preemption; American Hegemony; Congress and Foreign Policy; Presidential Power; U.S. Foreign Relations Law; United Nations; International Law
- JD, University of Minnesota, Minneapolis, United States, 1973
- BA, Political Science, University of St. Thomas, Saint Paul, United States, 1970
Michael J. Glennon is Professor of Constitutional and International Law. Prior to going into teaching, he was Legal Counsel to the Senate Foreign Relations Committee (1977-1980). He has since been a Fulbright Distinguished Professor of International and Constitutional Law, Vytautus Magnus University School of Law, Kaunas, Lithuania (1998); a Fellow at the Woodrow Wilson International Center for Scholars in Washington D.C. (2001-2002); Thomas Hawkins Johnson Visiting Scholar at the United States Military Academy, West Point (2005); Director of Studies at the Hague Academy of International Law (2006); and professeur invité at the University of Paris II (Panthéon-Assas) from 2006 to 2012.
Professor Glennon has served as a consultant to various congressional committees, the U.S. State Department, and the International Atomic Energy Agency. He is a member of the American Law Institute, the Council on Foreign Relations, and the Board of Editors of the American Journal of International Law. Professor Glennon is the author of numerous articles on constitutional and international law as well as several books. He has testified before the International Court of Justice and congressional committees.
A frequent commentator on public affairs, he has spoken widely within the United States and abroad and appeared on Nightline, the Today Show, NPR's All Things Considered and other national news programs. His op-ed pieces have appeared in The New York Times, Washington Post, Los Angeles Times, International Herald-Tribune, Financial Times, and Frankfurt Allgemeine Zeitung. His most recent book is “Foreign Affairs Federalism: The Myth of National Exclusivity,” co-authored with Robert D. Sloane and published by the Oxford University Press in 2016.
Areas of expertise
History & Diplomacy
International Law & Organizations
- Member, Council on Foreign Relations, American Law Institute
- Professeur Invité, University of Paris II (Panthéon-Assas), 2006-2013
- Professor of Law, University of California, Davis (1987-2002)
- Thomas Hawkins Johnson Visiting Scholar at the United States Military Academy, West Point (2005)
- Director of Studies at the Hague Academy of International Law (2006)
- Fulbright Distinguished Professor of Law, Vytautus Magnus University School of Law, Kaunas, Lithuania (1998)
- Fellow, Woodrow Wilson International Center for Scholars (2001-2002)
- private law practice, Washington, D.C. (1980-1981)
- Legal Counsel, Senate Foreign Relations Committee (1977-1980)
- Assistant Counsel, Office of the Legislative Counsel, U.S. Senate (1973-1977)
- Consultant to U.S. Department of State (2004 - 2007), International Atomic Energy Agency (1998), Senate Foreign Relations Committee (1988) and Senate Judiciary Committee (1987)
- Deak Prize recipient, American Society of International Law (1984)
Selected Publications and Presentations
Populism, Elites, and National Security, Humanitas, Vol. XXXI, Nos. 1 and 2 (2018) 35.
Security Breach: Trump vs. the Security State – Why a Win for the CIA Is a Disaster for America, Harper’s Magazine (June 2017).
"The Sad, Quiet Death of Missouri v. Holland: How Bond Hobbled the Treaty Power, 41," Yale Journal of International Law 51 (2015) (with Robert D. Sloane)
"Torturing the Rule of Law," The National Interest (Nov.-Dec. 2014).
"Du structuralisme, de la sécurité nationale et du double gouvernement des Etats-Unis," XV Annuaire Français De Relations Internationales (Afri) 33 (2014).
"The Dark Future of Cyber-Security Regulation," 6 Journal of National Security Law & Policy 563 (2013).
"Preempting Proliferation: International Law, Morality, and Nuclear Weapons," 24 European Journal Of International Law 109 (2013).
"The Crime of Aggression" in commentaire du Statut de Rome de la Cour pénale internationale, Julian Fernandez & Xavier Pacreau, eds. (Pedone, Paris) (2012).
"State-Level Cybersecurity," Policy Review, March-April, 2012.
"Le Crime D'agression, Un Crime Sans Rime Ni Raison," 2010 Revue Générale de Droit International Public.
"The War Powers Resolution, Once Again," 103 American Journal of International Law 75 (2009).
"Democracy Promotion, Interventionism, and Regime Change," Annuaire Français De Relations Internationales (with Peter Ackerman) (vol. VIII, 2007).
"Terrorism and International Law," Environmental Protection Agency, Washington, DC, November 15, 2001.
"Congress, the President, and Iraq," Politique Americaine (2006).
"De l'absurdité du droit impératif," 2006 Revue Générale De Droit International Public 529-536.
"How International Rules Die," 93 Georgetown Law Journal 939 (2005).
"Does International Law Matter?" 21 JOURNAL OF SOCIAL AFFAIRS 89 (2004).
"Presidential Power to Wage War Against Iraq," 6 The Green Bag 183 (Winter, 2003).
"United Nations: Time for a New "Inquiry"?" 5 International Law Forum du Droit International 283-287 (2003).
"Nine Ways to Avoid a Train Wreck: How Title 3 Should be Changed," 23 Cardozo Law Review 1159 (2002).
"Preempting Terrorism: The Case for Anticipatory Self-Defense," The Weekly Standard, Jan. 28, 2002 (vol. 7, issue 19) (cover article).
"The Fog of Law: Self-Defense, Inherence, and Incoherence in the United Nations Charter," 25 Harvard Journal of Law and Public Policy 539 (2002).
"The Failed Equilibrium," 25 The Yale International Law Journal 307 (2000).
The IAEA Model Law on Nuclear Safety, International Atomic Energy Agency, Vienna, 1998.
"Process versus Policy in Foreign Relations: A Review of Foreign Affairs and The Constitution, by Louis Henkin (2nd ed., 1996)," 95 Michigan Law Review 1101 (May, 1997).
"State-Sponsored Abductions: A Comment on United States v. Alvarez-Machain," 86 American Journal of International Law 747 (1992).
"The Gulf War and the Constitution," 70 Foreign Affairs 84 (Spring, 1991)[Reprinted In T. Lowi, B. Ginsberg & A. Hearst, Readings and Study Guide For American Government: Freedom and Power (2nd Ed., 1992); C. French & H. Blumberg, The Gulf War: Views From The Social Sciences (1993); J. Roseti, Readings in The Politics of U.S. Foreign Policy (1997)].
"Has International Law Failed the Elephant?" 84 American Journal Of International Law 1 (1990)[reprinted in D. Favre, Wildlife Law (2nd ed., 1992)].
"The Constitution and Chapter VII of the UN Charter," 85 American Journal of International Law 74 (1991).
Brief for American Civil Liberties Union as amicus curiae in Dellums v. Bush (Civ.Action 90-2866 [HHG]) (D.D.C.) (constitutionality of use of offensive force against Iraq), filed Nov. 28, 1990 (with K. Martin).
Review of In the Name of War: Judicial Review and the War Powers Since 1918, by C. May, in 76 Journal of American History 1302 (1990).
"Foreign Affairs and the Political Question Doctrine," 83 American Journal of International Law 814 (October, 1989).
"Publish and Perish: Congress's Effort to Snip Snepp, Before and AFSA," 10 Michigan Journal of International Law 163 (1989).
"Interpreting 'Interpretation': The President, the Senate, and When Treaty Interpretation Becomes Treaty Making," 20 University of California, Davis, Law Review 912 (July, 1987), Reprinted in The ABM Treaty and The Constitution: Joint Hearings Before The Senate Committees on Foreign Relations and Judiciary, 99th Cong., 2d Sess. 821-828 (1987).
"Protecting the Court's Institutional Interests: Why Not the Marbury Approach?," 81 American Journal of International Law 121 (January, 1987).
Book Review, The Making of International Agreements: Congress Confronts the Executive, by Loch Johnson, 80 American Journal of International Law 1005 (October, 1986).
"Can the President Do No Wrong?" 80 American Journal of International Law 923 (Oct., 1986).
"United States Mutual Security Treaties: The Commitment Myth," 24 Columbia Journal of Transnational Law 509 (April, 1986); excerpts also appear as The NATO Treaty: The Commitment Myth, in First Use of Nuclear Weapons: Under The Constitution, Who Decides? (P. Raven-Hansen, ed.; Greenwood Press).
"Nicaragua v. United States of America: Constitutionality of U.S. Modification of ICJ Jurisdiction," 79 American Journal of International Law 571 (July, 1985).
"Report Concerning Abuses against Civilians by Counter-revolutionaries Operating in Nicaragua" (with Donald T. Fox), published and sponsored by the International Human Rights Law Group and the Washington Office on Latin America, April, 1985.
"Raising The Paquete Habana: Is Violation of Customary International Law by the Executive Unconstitutional?" 80 Northwestern University Law Review 321 (Nov., 1985).
"The War Powers Resolution Ten Years Later: More Politics Than Law," 78 American Journal of International Law 571 (July, 1984).
"Liaison and the Law: Foreign Intelligence Agencies' Activities in the United States," 25 Harvard International Law Journal 1 (Winter, 1984).
"Personal Autonomy in 'Democracy And Distrust'," 1 Constitutional Commentary 229 (Summer, 1984).
"The Use of Custom in Resolving Separation of Powers Disputes," 64 Boston University Law Review 109 (1984).
"Treaty Process Reform: Saving Constitutionalism Without Destroying Diplomacy," University Of Cincinnati Law Review 84 (April, 1983).
"Strengthening the War Powers Resolution: The Case for Purse-strings Restrictions," 60 Minnesota Law Review 1 (November, 1975).
"The Fog of Law: Pragmatism, Security, and International Law," The Woodrow Wilson Center Press and the Stanford University Press (2010) (co-published). Reviewed in the 124 Harvard Law Review, 1837, 1838 (2011); Foreign Affairs (Jan./Feb. 2011); 36 Yale Journal of International Law 232 (2011); 43 NYU Journal of Law & Policy 1087, 1101 (2011).
"When No Majority Rules," Congressional Quarterly Press (1992).
"Constitutional Diplomacy," Princeton University Press (1990) (foreword by J. William Fulbright). Reviewed in The New York Times [Herbert Mitgang], Aug. 25, 1990 at p. 10, col. 1; Political Science Quarterly (Winter, 1990-91) at p. 654; The New York Review of Books [Theodore Draper], Sept. 26, 1991 at p. 64.
"United States Foreign Relations Law" (five volumes; with Prof. Thomas M. Franck), Oceana Publications (September, 1980).
“Who’s Checking Whom?,” chapter in REIMAGINING THE NATIONAL SECURITY STATE, Karen Greenberg, ed., Cambridge University Press (2020).
"The Limitations of Traditional Rules and Institutions," in The Oxford Handbook of the Use of Force in International Law (Marc Weller, ed., Oxford, 2015).
"Cyberconflict and the Incompleteness of International Law," Essays in Honor of Serge Sur (Julian Fernandez and Nicolas Haupais, editors) (2014).
"The Crime of Aggression" in Commentaire du Statut De Rome De La Cour Pénale Internationale, Julian Fernandez & Xavier Pacreau, eds. (Pedone, Paris) (2012).
"The Limitations of Traditional Rules and Institutions Relating to the Use of Force," in Handbook of International Law (Marc Weller, ed., Oxford University Press) (in press).
"Peremptory Nonsense" in Liber Amircorum, Luzius Wildhaber: Human Rights, Democracy and the Rule of Law (2007).
"The Electoral College," Encarta (Microsoft Encyclopedia, 2003).
"Louis Fisher and Diplomacy: Foreign Affairs and Coordinate Review," in Politics and Constitutionalism: The Louis Fisher Connection, (R. Spitzer, ed.) (SUNY Press, 2000).
"Separation of Powers" in Supplement II of The Encyclopedia of The American Constitution (L. Levy, K. Karst, and A. Winkler, eds.) (Macmillan, 1999).
"The United States: Taking Environmental Treaties Seriously" in Engaging Countries: Strengthening Compliance With International Environmental Accords (with A. Stewart; H. Jacobson & E. Brown Weiss, eds.) (MIT Press, December, 1998).
"The Senate and Foreign Policy," in The Encyclopedia of The American Constitution (Macmillan: 1993).
"The War Powers Resolution," in The Oxford Companion to The Politics of The World (1993).
"The NATO Treaty"; "Little v. Barreme"; "The ANZUS Treaty"; "The Rio Treaty"; "Mutual Security Treaties"; and "The SEATO Treaty" in An Encyclopedia of The American Presidency (1992).
"Douglas as Internationalist: Separation of Powers and the Conduct of Foreign Relations," delivered at the William O. Douglas Commemorative Symposium, 1939-1989, Saturday, April 15, 1989, Seattle, Washington; published in He Shall Not Pass This Way Again: The Legacy of William O. Douglas (University of Pittsburgh Press, 1990).
"Two Views of Presidential Foreign Affairs Power: Little v. Barreme or United States v. Curtiss-Wright?," 13 Yale International Law Journal 5 (1988).
"Constitutional Issues in Terminating U.S. Acceptance," in The International Court of Justice at a Crossroads (L. Damrosch, ed.; Transnational Publishers, Inc., 1987).
"Investigating the Intelligence Community: The Process of Getting Information for Congress," in The Tethered Presidency 140 (T. Franck, ed.; NYU Press, 1981).
"Administrative Law," in I The Encyclopedia of The American Judicial System 233, Macmillan Publishing Company (1987).
“Federalism Strikes Back,” panel remarks at Annual Meeting, American Society of International Law, March 28, 2019.
“The Deep State,” The Freedom Project, Wellsley College, Jan. 23, 2019.
“Donald Trump and the Deep State,” Annual Surveillance Conference, The Cato Institute, Washington, DC, Dec. 14, 2018.
“Populism and Governance,” keynote address, annual meeting, Academy of Arts and Philosophy, June 2, 2018.
“Who’s Checking Whom?” keynote address, Center on National Security Symposium, “Re-Imagining the National Security State,” Fordham Law School, New York, March 7, 2018.
“The National Security State and the Constitution,” Catholic University of America, Washington, DC, November 29, 2017.
“Double Government—and the “Best Truth” about the Assassination,” conference on The National Security State and JFK, June 3, 2017, video at https://www.fff.org/freedom-in-motion/video/double-government-best-truth-assassination/.
“National Security and Double Government,” Legal Theory Workshop, Yale Law School, New Haven, CT, January 28, 2016.
“Power Wars: Inside Obama’s Post-9/11 Presidency” (with Charlie Savage), Cato Institute, Washington, DC, January 5, 2016.
“Double Government and the Senate Torture Report,” the 2015 Kleh International Law Lecture, Boston University Law School, October 29, 2015, Boston, MA.
“Post-Church Oversight and Congress’ Responsibility to Know and to Inform the Public,” Levin Center Conference on The 40th Anniversary of the Church Committee, Washington, DC, October 20, 2015.
“Who Guards the Guardians? A Discussion of the Senate Torture Report,” World Affairs Council, Providence, RI, April 2, 2015.
“Double Government and the Great Man Theory of History,” President’s Day Address, Northeastern University, Feb. 17, 2015.
“Torturing the Rule of Law,” Chatham House, London, Dec. 11, 2014.
“National Security and Double Government,” Harvard Law School, Nov. 19, 2014 and Cato Institute, Washington DC, Nov. 21, 2014.
“Balancing the Risks, Benefits and the Economic, Political and Moral Costs of a Modern National Security State,” Symposium Sponsored By Loyola University Chicago School of Law National Security & Civil Rights Program, Chicago, Illinois, February 7, 2014.
Interview, WUNR "This Is Hell," March 22, 2014.
"Balancing the Risks, Benefits and the Economic, Political and Moral Costs of a Modern National Security State," Symposium Sponsored By Loyola University Chicago School of Law National Security & Civil Rights Program, Chicago, Illinois, February 7, 2014.
"Educating the next generation of national security decision makers," American Bar Association, Syracuse University Law School, September 15, 2012.
"Cyberwar and International Law: The Road Ahead," symposium of the Naval War College, Newport, Rhode Island, June 27, 2012.
"Weaknesses of the International Legal System," International Institute of Higher Studies in Criminal Sciences, Siracusa, Italy, May 25, 2012.
"The Cyber-Drone Attack on Law," Keynote Address, The World Affairs Council of Rhode Island, Providence, RI, March 1, 2012.
"International authorization and Domestic War Powers," Columbia Law School, New York City, January 31, 2012.
"The Nicaragua Case 25 Years Later: Its Impact on the Law and Court," The Hague Academy of International Law, The Hague, Netherlands, June 27, 2011.
"With Libya, the Security Council Is Not Congress," Harvard Law School, Cambridge, MA, April 6, 2011.
Keynote Address, "Law, Libya, and Credibility," Fletcher/World Economic Forum Symposium on International Law, Medford, MA, April 29, 2011.
"Pragmatism and International Law," George Washington Law School, Washington, DC, March 9, 2011.
"Terrorism and the Use of Force," Duke Law School, Durham, NC, April 16, 2010.
"The United States, the Rule of Law and the Use of Force: The Practice of States since the Adoption of the UN Charter," Council on Foreign Relations, New York, December 16, 2009.
"Torture, Terrorism, and Ticking Time Bombs," address to the American University of Armenia, Yerevan, Armenia, Sept. 30, 2008.
"The United States and the International Criminal Court," Harvard Weatherhead Center conference, "World Order as a U.S.-European Issue," Talloires, France, June 13, 2008.
Testimony, "Negotiating a Long-Term Relationship with Iraq," Committee on Foreign Relations, United States Senate, Washington, DC, April 10, 2008.
Testimony on Iraq before the Senate Foreign Relations Committee, April 10, 2008," (2008);
Testimony, "War Powers in the 21st Century: The Constitutional Perspective," Subcommittee on International Organizations, Human Rights and Oversight, Committee on Foreign Affairs, U.S. House of Representatives, Washington, DC, April 10, 2008.
Testimony, "U.S. Security Commitments to Iraq," Subcommittee on International Organizations, Human Rights and Oversight, Committee on Foreign Affairs, U.S. House of Representatives, Washington, DC February 8, 2008.
"Debate with Alain Pellet." Hague Academy of International Law, September 7, 2007. (2007)
"Force and the Settlement of Political Disputes" (debate with Alain Pellet), The Hague Colloquium on Topicality of the 1907 Hague Conference, September 7, 2007.
"Constitutionality of Congressional Efforts to End the War in Iraq," Panthéon-Assas (Paris II), Paris, March 20, 2007.
"Peremptory Nonsense," Panthéon-Assas (Paris II), Paris, March 24, 2006.
"International Rules and American Pragmatism," Sciences Po, Paris, March 23, 2006.
"Legitimacy and the Use of Force: Discussion on the United Nations High-Level Panel on Threats, Challenges and Change," Woodrow Wilson International Center for Scholars, Washington, DC, March 23, 2005.
"UN Reform and the Use of Force," Georgetown University, Washington, DC, February 24, 2005.
"The Emerging Use-of-Force Paradigm," Utrecht University, December 15, 2005.
"International Legal Rules and Institutions: Why Do They Succeed or Fail?", Atlantic Council of the United States, Washington, DC, November 2, 2005.
"A Non-Withdrawable NPT?", The Fletcher School, October 21, 2005.
"Intervention, Preemption and the UN Charter," Institute of Peace and Conflict Studies, New Delhi, India, June 22, 2004.
"Forging a Common Understanding: The United States and UN Reform," conference sponsored by the U.S. Department of State and the Central Intelligence Agency, National Intelligence Council, Washington, DC, May 6, 2004.
"Preemption of Threats to Security," International Conference sponsored by the Aspen Institute, United Nations Foundation and Italian Ministry of Foreign Affairs, The United Nations and New Threats: Rethinking Security, Rome, May 28, 2004.
"The U.S. and Europe: Two Models for a New Political World Order," debates with Prof. Herfried Münkler (Humboldt University, Berlin) at the Goethe Institut, New York (May 11, 2004) and Boston (May 13, 2004).
"Does International Law Matter?", plenary session, American Society of International Law, Washington, DC, April 2, 2004.
"Glennon and His Critics," panel discussion, International Studies Association, Montreal, March 19, 2004.
"The Coalition of the Willing: A (Mostly) Unilateral Exercise of Preventative Self-Defense," New York University Law School, February 27, 2004.
Glennon, Michael J. "The Rise and Fall of the UN's Use of Force Rules," the Rudolf B. Schlesinger Lecture on International and Comparative Law, University of California, Hastings, College of Law, February 12, 2004
"United Nations Reform: Challenges Ahead," Council on Foreign Relations, New York, December 14, 2004.
"The Future of the United Nations," National Defense University, Washington, DC, November 22, 2004.
"Triggers of War," World Economic Forum, Davos, Switzerland, January 22, 2004.
"Authority and Legitimacy in Use of Force," Symposium on Moral Dilemmas of Military Intervention, Centre d'Etudes et de Recherches Internationales, Paris, January 16, 2004.
"The Future of International Law in Achieving Security," George C. Marshall Center, Garmisch-Partenkirchen, Germany, September 26, 2003.
"Law, Intelligence and Security," CIA Intelligence Fellows Program, Wye River, Maryland, August 7, 2003.
"Global Risks and Realities: The Role of the UN," John F. Kennedy School of Government, Harvard University, May 3, 2003.
"The UN Security Council in a Unipolar World," Fletcher Alumni Association, Medford, May 15, 2003; and Talloires, France, June 7, 2003.
"Preemption: The Policy Implications," Council on Foreign Relations, Harvard University, May 15, 2003.
"Self-defense in a Age of Terrorism," American Society of International Law, Washington, DC, April 4, 2003.
Glennon, Michael J. "Why the Security Council Failed," Foreign Policy Roundtable, New York City, April 30, 2003.
"The Collapse of the UN Charter's Use-of-Force Rules," International Law Society, Harvard Law School, Cambridge, Massachusetts, December 4, 2003.
"American Primacy," Chicago Council on Foreign Relations, Chicago, November 18, 2003.
"Using Military Force: Duties and Restraints," Carnegie Council on Ethics and International Affairs, New York City, November 14, 2003.
"The American Approach To Unilateralism and Multilateralism in International Law," Institute for Legal Policy, University of Trier, Germany, October 9, 2003.
"Can the United Nations Survive?" World Policy Institute, New School, New York City, October 2, 2003.
"Who Can Order War?" American Enterprise Institute, Washington, DC, January 23, 2003.
Testimony, "Applying the War Powers Resolution to the War on Terrorism," Subcommittee on the Constitution, Committee on the Judiciary, U.S. Senate, April 17, 2002.
"Reflections on J. William Fulbright," keynote address to incoming Fulbright scholars, Roosevelt Hotel, New York City, March 7, 2002.
"The Use of Force," Marshall-Wythe School of Law, College of William and Mary, Williamsburg, VA, February 5, 2002.
"The Detention of Guantanamo Prisoners and the Geneva Conventions," George Washington University Law School, Washington, DC, February 13, 2002.
Interview, "The Supreme Court and Presidential Powers," C-SPAN Washington Journal, February 10, 2002.
"The Role of the United Nations in Maintaining International Peace and Security in the 21st Century," American Branch, International Law Association, New York City, October 25, 2002.
"Balance and Limits in Post-September 11th America," address to incoming Ron Brown Scholars, Wyndham City Hotel, Washington, DC, January 25, 2002.
"The United Nations Charter and the War Against Terrorism," Georgetown University Law School, Washington, DC, November 26, 2001.
"Terrorism and International Law," Environmental Protection Agency, Washington, DC, November 15, 2001.
"The New Interventionism," United Nations Association, Sacramento Chapter, Sacramento, February 28, 2000.
Interview, Nightline, ABC Television (electoral college and Supreme Court litigation), December 8, 2000.
Interview, The Washington Post: Live On-Line (the Electoral College), December 14, 2000.
Interview, All Things Considered, National Public Radio (deadline for selection of presidential electors), December 11, 2000.
Interview, The Today Show, NBC Television (conflicting slates of presidential electors), December 1, 2000.
"International Law, NATO, and Kosovo," World Affairs Council panel discussion with Abraham Sofaer, San Francisco, July 27, 1999 (broadcast on KQED-FM August 8, 1999).
"A Neo-Interventionism in a New International Order?", Western European Union, Institute for Security Studies, Paris, June 29, 1999.
"No. 1 refusenik talks to UCD prof on human rights" [interview with Anatole Sharansky], 3 Dateline/UCD 1, Jan. 12, 1990.
“If Trump Is Impeachable, So Is Pence,” Washington Post, Jan. 21, 2019.
“Making Friends with the FBI,” Le Monde Diplomatique, July, 2018.
“Following missile strikes on Syria, it’s time for Congress to act,” The Hill, April 17, 2017.
Brief for The Constitution Project as amicus curiae in Smith v. Trump (United States Court of Appeals for the District of Columbia, USCA Case #16-5377)(constitutionality of use of force against ISIS), filed April 10, 2017.
“The Permanent Security State: Presidents come and go, but the national security bureaucracy never leaves.” Review of Power Wars, by Charlie Savage, Reason Magazine, May, 2016.
“Recognizable Power: The Supreme Court Deals a Blow to Presidential Authority,” Foreign Affairs (snapshot), June 23, 2015.
"The Vague Crime of Aggression," International Herald Tribune, April 6, 2010.
"In Memoriam: Thomas M. Franck (1931-2009), 84 New York University Law Review 1385 (Dec., 2009).
"Trying Terror: Two books on how our legal system is adjusting to terrorism," Washington Post, Sept. 14, 2008.
"Hill Approval Required Before Attacking Iran," Roll Call, Dec. 4, 2007.
"La réforme des Nations Unies: mythe ou projet?", interview, Questions internationals, (Janvier-Févier 2005).
"Welche Rolle spielt das Volkerrecht wirklich?", Frankfurter Allgemeine Zeitung, Sept. 27, 2004.
"How U.S. Lawyers Read the Constitution: Sanctioning Torture," International Herald Tribune, June 18, 2004.
"A Stronger Security Council Is No Solution," Financial Times, December 13, 2004.
"Louis Henkin," Yale Biographical Dictionary of American Law, Yale University Press (2004).
"Der Traum," Frankfurter Allgemeine Zeitung, June 26, 2003.
"The UN Security Council, Europe, and American Hegemony," Aspenia (published by Aspen Institute Italia), June, 2003.
"Krieg im Irak: Bricht Amerika das Völkerrecht?" Focus, March 24, 2003.
"How War Left the Law Behind," N.Y. Times, Nov. 21, 2002 at A33.
"Forging a Third Way to Fight: 'Bush Doctrine' for combating terrorism straddles divide between crime and war," Legal Times, Sept. 24, 2001, at page 68.
"There's a Point To Going It Alone: Unilateralism Has Often Served Us Well," Washington Post (Sunday Outlook Section), Aug. 12, 2001, at page B2.
"The Catch: Justice Demands Different Treatment for Those Who Wage War Against Us," Washington Post (Sunday Outlook Section), Dec. 23, 2001, at page B1.
"Yes, There Is an ABM Treaty," Washington Post, Sept. 4, 2000, at page A25.
"It's Not Over Till It's Over, and Maybe Not Then," Washington Post (Sunday Outlook Section), Nov. 19, 2000, at page B02.
"The Charter: Does It Fit?", 36 The United Nations Chronicle 32 (No. 2, July, 1999).
"The Perfect World Heritage Site: Lake Tahoe," The Tahoe Daily Tribune, July 14, 1997.
"War by Default?", New York Newsday, Sunday, Sept. 9, 1990 (p. 1 of "Ideas" Section).
"Bush Was Wrong to Ignore Congress," guest interview, USA Today, Sept. 12, 1990.
"Congress' Shrinking Role in Waging War: Lessons from Another Gulf," The Sacramento Bee, Aug. 22, 1990.
"The Archaic Practice of 'Recognition,'" The Christian Science Monitor, April 23, 1990.
"The UN Security Council Can't Substitute for Congress," The Christian Science Monitor, Dec. 20, 1990.
"A Legitimate Gulf Policy—Spell It Out," The Sacramento Bee (Sunday Forum Section), Nov. 25, 1990.
"In Memoriam: Leonard B. Boudin (1912-1989)," 23 U.C. Davis Law Review 773 (1990).
"The Good Friday Accords: Legislative Veto by Another Name?" 83 American Journal of International Law 554 (editorial) (July, 1989).
"Dukakis' Pledge of Allegiance to the Constitution," The Sacramento Bee, September 1, 1988.
"In Foreign Policy, The Court Is Clear: President Is Subject to Will of Congress," Los Angeles Times (Sunday Forum Section), July 19, 1987 (reprinted in San Francisco Chronicle, July 29, 1987).
"The Boland Amendment and the Power of the Purse," Christian Science Monitor, June 15, 1987.
"The Administration's Reinterpretation of the ABM Treaty," The Sacramento Bee, April 7, 1987.
"Combining House, Senate Intelligence Committees a Simple-Minded Idea," Atlanta Constitution, October 21, 1987 (with L. Johnson).
"Disinvestment: Is It Constitutional?" The Sacramento Bee, September 25, 1986.
"Mr. Sofaer's War Powers 'Partnership,'" 80 AMERICAN JOURNAL OF INTERNATIONAL LAW 584 (editorial) (July, 1986).
"Terrorism and 'Intentional Ignorance,'" Christian Science Monitor, March 20, 1986.
Interview, The Today Show, by Bryant Gumbel (with Enrique Bermudez, contra military commander), March, 1985.
"In Cuba, A Belief US Must Face Reality" (with Prof. Burns Weston), The Boston Globe, June 8, 1984 and The Cincinnati Enquirer, June 9, 1984.
"War Powers Act and Common Sense," Los Angeles Times, September 15, 1983.
"Playboy and the Constitution," The Cincinnati Enquirer, June 10, 1983.
"Some Compromise," Christian Science Monitor, October 24, 1983.
"The War Powers Resolution: More Loophole than Law," The Christian Science Monitor, November 17, 1982.
"AWACS, Reagan and the Law," The Cincinnati Enquirer, October 21, 1981.