Category Archives: U.S. Foreign Relations Law

A Closer Look at Congressional Foreign Travel

On Monday, Paul Singer at USA Today reported new data on the burgeoning practice of congressional foreign travel. According to Singer, federal legislators spent more government funds venturing abroad in 2016 than any other year in the past decade. Roughly … Continue reading

Posted in Congressional Foreign Travel, U.S. Foreign Relations Law, Uncategorized | Tagged , | Leave a comment

A Legal Analysis of Rep. Tulsi Gabbard’s Trip to Syria

Rep. Tulsi Gabbard (D-HI) has drawn attention in recent weeks for leading a delegation to Syria and Lebanon, where she reportedly met with government leaders, refugees, and members of civil society. The stated purposes were to engage in fact-finding and … Continue reading

Posted in Congressional Foreign Travel, Foreign Affairs Constitution, U.S. Foreign Relations Law, Uncategorized | Tagged , , , | Leave a comment

Finding Customary International Law

I just posted the final, published version of my paper Finding Customary International Law, which came out in the Iowa Law Review last month. It’s available here.

Posted in Alien Tort Statute, U.S. Foreign Relations Law, Uncategorized | Tagged , | Leave a comment

How Cosmopolitan Are International Law Professors?

Milan Markovic (Texas A&M) and I just posted a new piece about U.S. professors of international law. Here’s the abstract: This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views … Continue reading

Posted in International Law, U.S. Foreign Relations Law | Tagged , | Leave a comment

New Article on Customary International Law

I just posted a draft of a new article that studies citations in published judicial opinions to evaluate how federal courts go about ascertaining customary international law. For those interested, it’s forthcoming in the Iowa Law Review and available here.

Posted in International Law, U.S. Foreign Relations Law | Tagged , , , | Leave a comment

Legislative Diplomacy After Zivotofsky

Zivotofsky was a case about the recognition power, but it was also the first in quite a while to offer any insight into the Justices’ views on the nature of the President’s power to communicate with foreign sovereigns. Given precedents like Curtiss-Wright, … Continue reading

Posted in Foreign Affairs Constitution, U.S. Foreign Relations Law | Tagged , | Leave a comment

The Role of Foreign Perceptions in Zivotofsky v. Kerry

One of the noteworthy disagreements in Zivotofsky concerns the significance of foreign perceptions of U.S. law. The majority suggested the risk of misperception is relevant as a type of functionalist consideration: Pointing to evidence that § 214(d) drew objections from Palestine and … Continue reading

Posted in Foreign Affairs Constitution, U.S. Foreign Relations Law | Tagged , | Leave a comment