In a recent article, Do Human Rights Treaties Make a Difference?, 111 Yale Law Journal 1935 (2002), I presented evidence and arguments that called into doubt two widely shared assumptions: (1) that countries generally comply with their human rights treaty commitments, and (2) that countries'...

This article proposes a theory of dynamic industry preferences and strategies to explain variation in industries' demand for trade protection over time. This theory shows how the characteristics of industries affect their demand for trade policy and how, in turn, trade policy transforms industry...

Over the last half-century, the number of treaties that address issues of human rights has grown from a handful to hundreds. The majority of nations now belongs to a panoply of international agreements - some regional, some universal - that address human rights issues ranging from labor...

Part I of this Article provides an overview of path dependence theory. It outlines the theory and briefly describes three separate strands of the theory: increasing returns path dependence, evolutionary path dependence, and sequencing path dependence, which are rooted in the economics,...

Cyber-attacks have become increasingly common in recent years. Capable of shutting down nuclear centrifuges, air defense systems, and electrical grids, cyber-attacks pose a serious threat to national security. As a result, some have suggested that cyber-attacks should be treated as acts of war....

International law is generally understood to be made up of the rules that states accept as binding in their relations with one another. But international law is the product not only of a political and legal process that takes place between states — as this common understanding implies — but...

The United States government runs a massive system of national security secrecy. In 2017 (the last year for which there are data), over four million Americans with security clearances classified just over 49 million documents, a system that cost American taxpayers an estimated at $18.39 billion....

Even though the United States has been at war around the globe for most of the last two decades, the vast majority of those serving in Congress have never voted to authorize a military operation. Among current members of Congress, only 18 of 100 Senators were in office when the most recent...

Is more global governance necessary? That was the question posed to me by the organizers of the 2021 Federalist Society Annual Conference.1 It struck me when hearing this question that there are often deep misconceptions about the meaning of global governance lurking behind debates over whether...

For four decades now, the Alien Tort Statute (ATS) has been one of the most important tools for pursuing justice for human rights victims in the United States. The statute’s latest trip to the Supreme Court came in the October Term 2020 in a pair of cases: Nestlé USA, Inc. v. Doe and Cargill,...