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International Law and Constitutional Interpretation: The Commander in Chief Clause Reconsidered
(Michigan Law Review, 2007)
The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of ...
The Captures Clause
(University of Chicago Law Review, 2009)
The Captures Clause of the United States Constitution gives Congress the power to "make Rules concerning Captures on Land and Water." A variety of courts, scholars, politicians and others have recently cited the Clause to ...