SSRN Page
Proportionality in Counterinsurgency: Reconciling Human Rights and Humanitarian Law, in Shaping a Global Legal Framework for Counterinsurgency: New Directions in Asymmetric Warfare (William Banks, ed., Oxford University Press, forthcoming)
Proportionality in Counterinsurgency: A Relational Theory, 87 Notre Dame Law Review 1073 (2012)
Interest Balancing vs. Fiduciary Duty: Two Models for National Security Law, 13 German Law Journal 542 (2012) (peer review) (with Evan Fox-Decent) (European Society of International Law special issue)
Human Rights, Emergencies, and the Rule of Law, 34 Human Rights Quarterly 39 (2012) (peer review) (with Evan Fox-Decent)
When Delegation Begets Domination: Due Process of Administrative Lawmaking, 46 Georgia Law Review 117 (2011)
Mending Holes in the Rule of (Administrative) Law, 104 Northwestern University Law Review 1271 (2010) (colloquy essay)
Fiduciary Administration: Rethinking Popular Representation in Agency Rulemaking, 88 Texas Law Review 441 (2010)
The Fiduciary Constitution of Human Rights, 15 Legal Theory 301 (2009) (peer review) (with Evan Fox-Decent)
Deriving Peremptory Norms from Sovereignty, 103 Proceedings of the American Society of International Law 71 (2009) (with Evan Fox-Decent)
A Fiduciary Theory of Jus Cogens, 34 Yale Journal of International Law 331 (2009) (with Evan Fox-Decent) (Farsi translation forthcoming in the Iranian International Law Review)
Chevron’s Consensus, 88 Boston University Law Review 1271 (2008)
Fiduciary Foundations of Administrative Law, 54 UCLA Law Review 117 (2006)
The Vienna Convention on the Law of Treaties in U.S. Treaty Interpretation, 44 Virginia Journal of International Law 431 (2004)
Chevron Deference and Treaty Interpretation, 112 Yale Law Journal 1927 (2003) (comment)
Susan Marks, The Riddle of All Constitutions: International Law, Democracy, and the Critique of Ideology, 26 Yale Journal of International Law 882 (2001) (book review)