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Global Public Goods, Governance Risk, and International Energy
(Duke Journal of Comparative & International Law, 2012)
Scholars and commentators have long argued that issue linkages provide a way to increase cooperation on global public goods by increasing participation in global institutions, building consensus, and deterring free-riding. ...
Power, Exit Costs, and Renegotiation in International Law
(Harvard International Law Journal, 2010)
Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states’ expectations about shifting power affect the initial ...
Robert Barsky discusses his new book on Noam Chomsky
(Vanderbilt University, 2008-03-13)
Medellin: The New, New Formalism?
(Lewis & Clark Law Review, 2008)
The Supreme Court's 2008 decision in Medellin v. Texas appears to represent a formalist turn in the Court's approach to foreign relations cases. The opinion emphasizes text as the key to treaty interpretation and it stresses ...
International Law in Domestic Courts and the Jurisdictional Immunities of the State Case
(Melbourne Journal of International Law, 2012)
National court litigation in Greece and Italy prompted Germany to bring suit before the international Court of Justice (‘ICJ’), resulting in the Jurisdictional Immunities of the State judgment. The history of that litigation, ...
The Specter of Sisyphus: Re-Making International Financial Regulation After the Global Financial Crisis
(Emory International Law Review, 2010)
The global financial crisis is forcing a thorough re-evaluation of the international regulatory architecture. The crisis has shown not only the cracks in regulatory oversight, but also a market operation that had long ...
The Use and Abuse of Foreign Law in Constitutional Interpretation
(Harvard Journal of Law & Public Policy, 2009)
This article provides an exhaustive typology of the uses of foreign law in order to provide insight into whether foreign law can be appropriately used in constitutional interpretation, when it can be used, and what the ...
Authorizations for the Use of Force, International Law, and the "Charming Betsy" Canon
(Boston College Law Review, 2005)
Although international law has figured prominently in many disputes around actions of the U.S. military, the precise relationship between international law and the President's war powers has gone largely unexplored. This ...
Podcast: Barsky speaks about Chomsky
(Vanderbilt News Service, 2007-10-12)
Lecture: "Democracy and Moral Governance"
(Vanderbilt News Service, 2007-03-02)