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Books & Book Chapters

Jaya Ramji-Nogales, Constructing Human Rights: State Power and Migrant Silence, in BEYOND BORDERS: The Human Rights of Non-Citizens at Home and Abroad (Molly Land & Kathryn Libal eds., 2021).

  • This book chapter critically assesses international human rights law as it relates to undocumented migrants.

Jaya Ramji-Nogales, Migration in the Time of COVID-19: Comparative Law and Policy Responses (Jaya Ramji-Nogales & Iris Goldner Lang eds., 2021).

  • This edited volume provides a comparative discussion of migration law and policy responses to the Covid-19 pandemic.

Jaya Ramji-Nogales, Migration in the Time of COVID-19: Comparative Law and Policy Responses (I. Goldner Lang & Jaya Ramji-Nogales eds., 2021).

  • This co-edited eBook brings together authors from Europe, Israel, North America, and South America to compare migration law and policy responses to the COVID-19 pandemic.

Duncan Hollis, A Brief Primer on International Law and Cyberspace, Carnegie Endowment for International Peace, June 14, 2021.

  • This brief introduction to international law applications in cyberspace accompanies Carnegie’s updated “Cybernorms Index” and is designed to assist nation States and other stakeholders understand the challenges of and potential for devising new rules of the road in cyberspace.

Peter Spiro, The Past and (Post-COVID) Future of Dual Citizenship, in Dual Citizenship and Naturalisation: Global, Comparative, and Austrian Perspectives (Rainer Baubock & Max Haller eds., 2021).

  • This book chapter historically situates the likely impact of COVID on the supply and demand for dual citizenship.

Salil Mehra, The Meeting of the New Minds: Contract Law, Intent and Artificial Intelligence in Leading Legal Disruption: Artificial Intelligence and a Toolkit for Lawyers and the Law (Giuseppina D’Agostino, Aviv Gaon & Carole Piovesan, eds., 2021).

  • This chapter describes how common law contract law maintained an uneasy balance between individual autonomy and objective meaning. The chapter explains how the rise of artificial intelligence (AI) threatens this balance, because AI that gathers and crunches data about user preferences to project and contract for user wants will not be grounded in human autonomy and mutual choice that previously justified contract law.

Laura Little, First Amendment: Examples and Explanations (Wolters Kluwer 2021).

  • This book provides a pedagogical overview on freedom of expression (including expressive conduct), the establishment clause, and freedom of religion.

Jeffrey Dunoff, O Trilema Judicial (Plácido Arraes ed., Lucas Carlos Lima & Lucas Felippe trans., 2021).

  • This is a Portuguese-language monograph, released in Brazil, that translates the authors’ previous work on the trilemma, along with a new chapter extending the analysis to international investment arbitration and Brazil’s unique approach to this topic.

Duncan Hollis, Defending Democracies: Combatting Foreign Election Interference in a Digital Age (Duncan B. Hollis & Jens D. Ohlin eds., 2021).

  • This volume offers an inter-disciplinary take on the problem of foreign election interference from historical, political science, legal, and technical vantage points and examines an array of regulatory responses to this diverse, and growing, problem set.

Salil Mehra, Algorithmic Competition, Collusion and Price Discrimination, in The Cambridge Handbook of the Law of Algorithms (2020).

  • This book chapter addresses the practice of firms drawing on supercharged connectivity, mass data collection, algorithmic processing, and automated pricing to engage in what can be called “robo-selling.”

Margaret deGuzman, Elgar Companion to the International Criminal Court  (with Valerie Oosterveld eds., 2020). 

  • This collection examines the achievements and challenges of the International Criminal Court. It provides an overview of the first two decades of the ICC’s existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work.

Duncan Hollis, Guidelines of the Inter-American Juridical Committee on Binding and Non-Binding Agreements (OAS 2020). 

  • This volume examines guidelines and commentary on defining and identifying binding and non-binding agreements as well as issues relating to who has capacity to make them, but what procedures, and with what effects.

Peter Spiro, Membership and Global Legal Pluralism, in The Oxford Handbook of Global Legal Pluralism (Paul Schiff Berman ed., 2020). 

  • This essay addresses the under systematized place of membership, state and non-state, in a global legal pluralist frame.

Scott Burris, Is Law Working? A Brief Look at the Legal Epidemiology of COVID-19 and Assuring Essential Medical Supplies During a Pandemic: Using Federal Law to Measure Need, Stimulate Production, and Coordinate Distribution, in Assessing Legal Responses to COVID-19 (Burris et al. eds., 2020). 

  • This work is part of a 36 chapter assessment by some 50 authors on the US response to COVID-19.

Margaret deGuzman, Punishing for Humanity: The Sentencing Legacy of the International Criminal Tribunal for Former Yugoslavia, in Legacies of the International Criminal Tribunal for the Former Yugoslavia: A Multidisciplinary Account (Stahn et al. eds., 2020).

  • The global norms the ICTY developed included norms rejecting harsh punishment, applying consequentialist punishment rationales, privileging gravity as the central sentencing factor, and endorsing broad judicial sentencing, building a foundation that other international courts, and perhaps some national courts, will rely on for the foreseeable future.

Duncan Hollis, Fifth Report – International Law and State Cyber Operations: Improving Transparency, Inter-American Juridical Committee, 97th Regular Session, Org. Am. States, CJI/doc. 603/20, Aug. 7, 2020. 

  • This final report surveys state views on international law’s application to cybersecurity as well as a draft OAS General Assembly resolution and a proposal for legal-capacity building in the region. The Juridical Committee approved of the report by a unanimous resolution.

Rachel Rebouche, Feminist Judgments: Family Law Opinions Rewritten (2020) 

  • This book provides new, feminist perspectives on famous family law cases that span generations.

Jeffrey Dunoff, International Law: Norms, Actors, Process: A Problem-Oriented Approach (5th ed., 2020) (M. Hakimi, S. Ratner, and D. Wippman).

  • This casebook employs a unique problem-based approach to examining international issues: using real-life case studies as teaching problems, the text explores the processes for making and applying international law with an interdisciplinary approach that goes beyond mere doctrinal explanation.

Mo Zhang, Chinese Contract Law – Theory & Practice (2d. 2019).

  • This book offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China.

Jaya Ramji-Nogales, Female Forced Migrants: Accountability Gaps in International Criminal Law, in International Human Rights of Women (Niamh Reilly ed., Springer 2019).

  • This book chapter uses the case study of female forced migrants to highlight gendered gaps in the framework of international criminal law.

Margaret deGuzman, Shocking the Conscience of Humanity: Gravity and the Legitimacy of International Criminal Law (Oxford University Press, forthcoming 2020).

  • This book surveys the literature and jurisprudence of international criminal law.

Laura Little, Federal Courts (Wolters Kluwer 2009).

  • The Fourth edition of this book conducts a survey of issues relating to federal court jurisdiction in the Examples and Explanations series.

Jaya Ramji-Nogales, Revisiting the Category “Women”, in Research Handbook on Feminist Engagement with International Law (Edward Elgar 2019).

  • This publication discusses the fall and potential resurrection of the category “women” as a basis for collective action and social change. It is part of an edited volume on the future of feminist engagement with international law.

Margaret deGuzman, Mixed Messages: The Sentencing Legacy of the Ad Hoc Tribunals, in The Legacy of Ad Hoc Tribunals in International Criminal Law: Assessing the ICTY’s and the ICTR’s Most Significant Legal Accomplishments (Milena Sterio & Michael P. Scharf eds., 2019).

  • This chapter argues that a particular aspect of the ad hoc tribunals’ sentencing practices undermined their normative and sociological legacies: their failure to clarify whether and when the tribunals apply and ought to apply global sentencing norms, and when the application of local norms is more appropriate.

Rachel Rebouche, Governance Feminism: Notes from the Field (Univ. Minnesota Press, 2019) (with Janet Halley, Prabha Kotiswaran & Hila Shamir).

  • This edited collection consists of nineteen invited essays by leading scholars who critically describe and assess contemporary feminist engagements with state and state-like power.

Duncan Hollis, International Law: Selected Documents (Wolters Kluwer, 7th ed. 2018) (with Barry E. Carter & A. S. Weiner).

  • This is an edited volume of primary resource materials for students and researchers in international law.

Jeffrey Dunoff, A Typology of International Judicial Practices, in The Judicialization of International Law – A Mixed Blessing? (Geir Ulfstein & Andreas Føllesdal, eds., Oxford University Press).

  • This paper applies sociological insights from “practice theory” to the work of the international judiciary (with Mark Pollack).

Gregory Mandel, How People Understand IP, Creativity, and Reward, in Research Handbook on Intellectual Property and Creative Industries (A. Brown & C. Waelde eds., Edward Elgar 2018).

  • This chapter discusses the results of experiments on how intellectual property attorneys and the public at large understand intellectual property law.

Laura Little, Conflict of Laws: Cases, Materials, and Problems (2d ed. Wolters Kluwer 2018).

  • The second edition of this casebook, along with its accompanying teaching manual and supplement assessments, offers a contemporary alternative to the subject matter by connecting key concepts of law practice to modern cases and problem pedagogy.

Rachel Rebouche, Family Law (June Carbone, Leslie Harris, & Rachel Rebouche eds., 6th ed. Wolters Kluwer 2018).

  • This casebook compares innovative developments in some states with the reaffirmation of traditional principles in others, and does so with a wider focus on family and the state, the role of mediating institutions, the efficacy of law, and particular methods of enforcing the law.

Rachel Rebouche, Governance Feminism: An Introduction,Univ. of Minnesota Press (2018).

  • This book shows how some feminists and feminist ideas have entered into state and state-like power in recent years (with Janet Halley, Prabha Kotiswaran, and Hila Shamir).

Margaret deGuzman, Criminal Law Philosophy in William Schabas’ Scholarship, in Arcs of Global Justice: Essays in Honour of William A. Schabas (M. deGuzman & D. Amman eds., OUP 2017).

  • This book provides contributions to the scholarship on global justice that are inspired by William Schabas’ work. In addition to serving as co-editor, Meg deGuzman contributed a chapter on criminal law philosophy.

Jeffrey Dunoff, Subject Matter of International Economic Law, in Elgar Encyclopedia of International Economic Law (T. Cottier & K. Schefer eds., Edward Elgar Publishing 2017).

  • This paper is the opening entry in a collection of over 200 contributions on the most significant terms and concepts in international economic law.

Jeffrey Dunoff, The Multifaceted Relationship between Functionalism and Global Constitutionalism, in Handbook on Global Constitutionalism 183 (Anthony F. Lang, Jr. & Antje Wiener eds., Edward Elgar Publishing 2017).

  • This paper provides an intellectual history of the encounter between “functionalism” and “global constitutionalism” and argues that each term serves as a rich and flexible resource that can help us understand ongoing developments in global governance.

Duncan Hollis, Sources in Interpretation Theories: An Interdependent Relationship, in The Oxford Handbook on Sources of International Law (S. Besson & J. D’Aspremont eds., Oxford University Press 2017).

  • This chapter deals with how the sources of international law influence the methodologies for its interpretation and how interpretation also constructs the sources of international law themselves.

Gregory Mandel, Intellectual Property: Does the Law Influence Creativity?, in The Cambridge Handbook of Creativity Across Domains (J. Kaufman, V. Glaveanu, & J. Baer eds., CUP 2017).

  • This chapter discusses legal research on creativity and intellectual property law, including how creativity is evaluated for awarding IP rights, how potential legal rights affect creativity, and how the public conceptualizes creativity in relation to IP.

Articles

Rachel Rebouche, Congress Could Legislate ‘Roe v. Wade’ and Still Fail Women, Bos. Rev., Apr. 7, 2021. 

  • This essay analyzes the promises and pitfalls of proposed federal legislation, the Women’s Health Protection Act.

Scott Burris, COVID-19 Policy Playbook II: Legal Recommendations for a Safer, More Equitable Future (Public Health Law Watch 2021).

  • This report is a comprehensive assessment of legal issues arising in the COVID-19 pandemic.

Salil Mehra, Price Discrimination-Driven Algorithmic Collusion: Platforms for Durable Cartels, 26 Stan. J. L. Bus. & Fin. 171 (2021).

  • This article proposes three actions regarding price discrimination: (i) revive some enforcement against price discrimination, (ii) prioritize action against price discriminating platforms that inhibit switching by participants, including scrutinizing mergers between firms which may have negative ramifications for consumers, and (iii) factor price discrimination-driven algorithmic collusion into the current reevaluation of vertical restraints.

Duncan Hollis, Beyond Naming and Shaming: Accusations and International Law in Cybersecurity, 33 Eur. J. Int’l L. 969 (2020) (with Martha Finnermore).

  • This article is an inter-disciplinary piece that rethinks the phenomenon of “naming and shaming” under an accusations rubric, assesses the various functions accusations may serve, and explores how to strategically construct an accusation and its likely efficacy under different external conditions.

Salil Mehra, Data Privacy and Antitrust in Comparative Perspective, 53 Cornell Int’l L. J. 133 (2020).

  • This article explains how the tension in approaches to privacy affects the dynamics between privacy and competition law.

Jaya Ramji-Nogales, Cultivating Normative Authority: The Biden Administration, Migration, and the International Legal Order, 115 AJIL Unbound 46 (2021).

  • This article analyzes how President Biden should restore the international legal order around migration.

Henry Richardson, The Limits of Human Rights Limits, 115 AJIL 154 (2021).

  • This article provides a critical review of Hannum, Rescuing Human Rights: A Radically Moderate Approach, which argues that limits on human rights law and on appropriate human rights advocacy does not and should not stand, especially as against the convergence of the global and national Black Lives Matter Movement and the rights oppression of the global COVID-19 pandemic.

Peter Spiro, Problematizing Olympic Nationality, 114 Am. J. Int’l L. 374 (2020).

  • This article examines the requirement that Olympic athletes be nationals of the states they play for.

Jaya Ramji-Nogales, Freedom of movement, migration, and borders, 19 J. Hum. Rights 593 (2020).

  • This co-authored piece provides a comparative analysis of the EU and US’s migration policy responses to the Covid-19 pandemic.

Mae Nguyen, International Law as Hedging: Perspectives from Secondary Authoritarian States, 114 AJIL Unbound 237 (2020).

  • This symposium piece explains the under-appreciated roles of small authoritarian states in preserving the pluralist international legal order and mitigating the hegemonic tendencies of authoritarian international law.

Craig Green, Chevron Debates and the Constitutional Transformation of Administrative Law, 88 Geo. Wash. L. Rev. 654 (2020).

  • This Article examines the history and merit of Chevron’s constitutional critiques.

Duncan Hollis, Oxford Statement on the International Law Protections Against Cyber Operations Targeting the Health Care Sector, Just Security, May 21, 2020 (with D. Akande, H.H. Koh & J. O’Brien).

  • This essay develops an Oxford Statement to articulate consensus protections that apply under existing international law to aid the health care sector under attack during the COVID-19 pandemic.

Duncan Hollis, Cyberspace and Geopolitics: Assessing Global Cybersecurity Norms Processes, Carnegie Endowment for International Peace, Feb. 26, 2020 (C. Ruhl, W. Hoffman & T. Mauer).

  • This paper reports on a workshop organized and hosted at the University of Pennsylvania’s Perry World House for group of 30 government representatives, industry leaders, policy experts and international lawyers on the future of “cyber politics.”

Gregory Mandel, The Role of Public Perception in the Rule of Law, 112 Tsinghua China L. Rev. 1 (2018).

  • This symposium article analyzes what degree of popular understanding of law is necessary in order for the Rule of Law to function successfully from the bottom up, utilizing intellectual property law as an example.

Jeffrey Dunoff, International Judicial Practices: Opening the “Black Box” of International Courts, 40 Mich. J. Int’l L. 47 (2018).

  • Drawing upon a sociological literature on “practice theory,” this article examines the everyday practices of international judges, with particular focus on practices associated with judicial decision-making. This approach provides a conceptual framework and a set of analytic tools that enable scholars to identify patterns of judicial behavior that have heretofore escaped scholarly notice.

Peter Spiro, International Decisions: Trump v. Hawaii, 113 Am. J. Int’l L. 109 (2019).

  • This case note analyzes the Supreme Court’s decision in the travel ban case.

Jeffrey Dunoff & Mark Pollack, Experimenting with International Law, 28 Eur. J Int’l L.1317 (2017).

  • This article provides a “readers guide” to the use of experiments in international legal scholarship, and an analysis of the significance of the recent turn to experimental research.

Gregory Mandel, Institutional Fracture in Intellectual Property Law: The Supreme Court Versus Congress, 102 Minn. L. Rev. (2017).

  • This article presents an original dataset of every intellectual property decision by the Supreme Court and statute passed by Congress from 2002 to 2016. Analysis reveals that the Court and Congress have been at odds over intellectual property law during this period, results that may stem from the Court’s reaction to public preferences.

Peter Spiro, Citizenship Overreach, 38 Mich. J. Int’l L. 167 (2017).

  • This symposium contribution examines international law limitations on the ascription of citizenship, using the taxation of non-resident Americans as a test case.

Laura Little, Laughing at Censorship, 28 Yale J.L. & Human. 161 (2016).

  • This article explores the genre of censorship humor and argues that its comedic qualities reveal important insights about human reaction to government censorship.

Peter Spiro, Executive Agreements+, 49 Vand. J. Transnat’l L. 885 (2016) (with D. Bodansky).

  • This article describes and critiques a constitutionally novel form through which President Obama adopted various international agreements, including the Paris Climate Change Agreement. These executive agreements have been justified as consistent with related domestic legislation that does not expressly authorize international agreement-making, considerably expanding the scope of agreements not requiring congressional approval.