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Scholarship

Academic articles in leading law reviews and peer-reviewed journals, cited by courts in the United States and abroad.

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Scholarship

ScholarshipAugust 17, 2021SSRN

Lochner Under Lockdown

Reconsiders Lochner-era freedom-of-contract ideas in light of COVID-19 lockdowns and emergency restrictions.

ScholarshipMarch 25, 2020SSRN

State Practice Regarding Trade With Occupied Territories

Reviews state practice on trade with occupied territories, focusing on Israel, Palestine, and international legal norms.

ScholarshipJune 28, 2019SSRN

Posner’s Pragmatic Justiciability Jurisprudence: The Triumph of Possibility over Probability

Assesses Judge Posner’s pragmatic approach to standing, jurisdiction, and justiciability.

ScholarshipMay 31, 2019SSRN

Exiting Paris: What the Climate Accord Teaches About the Features of Treaties and Executive Agreements

Uses the Paris Climate Accord to analyze the differences between treaties and executive agreements in U.S. foreign-relations law.

ScholarshipSeptember 9, 2016SSRN

Unsettled: A Global Study of Settlements in Occupied Territories

Compares settlement activity in occupied territories around the world to place Israeli settlements in a broader international-law context.

ScholarshipMarch 9, 2016SSRN

Palestine, Uti Possidetis Juris and the Borders of Israel

Argues that the doctrine of uti possidetis juris is central to understanding Israel’s borders and territorial claims after the end of the Mandate.

ScholarshipDecember 6, 2014SSRN

Resolution 242 Revisited: New Evidence on the Required Scope of Israeli Withdrawal

Reexamines UN Security Council Resolution 242 and argues that its wording does not require complete Israeli withdrawal from all territories captured in 1967.

ScholarshipSeptember 13, 2014SSRN

Economic Dealings With Occupied Territories

Analyzes whether international law restricts trade and economic activity involving occupied territories, with special attention to Israel and Palestine.

ScholarshipMay 23, 2014SSRN

Why Judges Always Vote

Explains why appellate judges almost always cast votes despite strategic reasons they might otherwise abstain.

ScholarshipJanuary 25, 2014SSRN

Three International Courts and Their Constitutional Problems

Compares three international courts and the constitutional problems they raise for U.S. law and separation of powers.

ScholarshipNovember 13, 2013SSRN

Kiobel Surprise: Unexpected by Scholars but Consistent with International Trends

Places the Supreme Court’s Kiobel decision in the context of broader international trends limiting extraterritorial human-rights litigation.

ScholarshipMarch 10, 2013SSRN

Jurisdiction over Israeli Settlement Activity in the International Criminal Court

Considers whether the International Criminal Court can claim jurisdiction over Israeli settlement activity under international criminal law.