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Books
Presidential Visions of Transitional Justice: An American Legacy of Responsibility and Reconciliation (Oxford University Press, forthcoming August 2025)
Globalizing Transitional Justice: Essays for the New Millennium (Oxford University Press, 2014)
Humanity’s Law (Oxford University Press, 2011)
Transitional Justice (Oxford University Press, 2000)
Book Chapters
“Constitutionalism and Peacemaking: Comparative Perspectives,” chapter in Constitutional Interpretation: Research Handbooks in Comparative Constitutional Law series, (Edward Elgar, forthcoming 2025)
“Transitional Justice and Cognitive-Behavioral Studies,” co-authored with Shreya Shankar, in International Legal Theory and the Cognitive Turn (Anne van Aaken and Moshe Hirsch, eds., Oxford University Press, 2025)
“Transitional Justice and Human Rights,” co-authored with Valeria Vegh Weis, chapter in The Cambridge History of Latin American Law in Global Perspective (Cambridge University Press, 2024)
“From Human Rights to Humanity Law,” chapter in Critical Essays on Human Rights Criticism (Eleven International Publishing, 2020)
“Preface,” in Contested Justice (Cambridge University Press, 2017)
“Global Constitutional Values in the United States,” chapter in An Inquiry into the Existence of Global Values: Through the Lens of Comparative Constitutional Law (Hart Publishing, 2014)
“Genealogie de la Justice Transitionnelle,” chapter in Quelle justice pour les peuples en transition? (Presses de l’universite Paris-Sorbonne, 2014)
“Transitional Justice,” co-authored with I. Rangelov, chapter in The Handbook of Global Security Policy (WIley-Blackwell, 2014)3
“Global Transitions, New Perspectives on Legality, and Judicial Review,” chapter in Transitions: Legal Change, Legal Meanings (The University of Alabama Press, 2012)
“Global Judicial Activism, Fragmentation, and the Limits of Constitutionalism in International Law,” chapter in From Bilateralism to Community Interest: Essays in Honor of Bruno Simma (Oxford University Press 2011)
“Preface,” in Transitional Jurisprudence and the ECHR (Cambridge University Press, 2011)
“Transitional Justice and the Transformation of Constitutionalism,” chapter in Comparative Constitutional Law (Edward Elgar, 2011)
“Global Civil Society and Transitional Justice,” co-authored with I. Rangelov, chapter in Global Civil Society 2011: Globality and the Absence of Justice (Palgrave Macmillan, 2011)
“Global Justice, Poverty and the International Economic Order,” co-authored with R. Howse, chapter in The Philosophy of International Law (Oxford University Press 2010)
“The Transitional Apology,” Chapter 5 in Taking Wrongs Seriously: Apologies and Reconciliation, pgs. 101–114 (Stanford University Press, 2006)
“Transitional Rule of Law,” in Rethinking the Rule of Law After Communism (CEU Press, 2005)
“De la dictadura a la democracia: el rol de la justicia transicional,” Chapter 17 in Democracia Deliberativa Y Derechos Humanos, pgs. 321–341 (Editorial Gedisa, S.A., 2004)
“Transitional Justice as Liberal Narrative,” Chapter 15 in Transnational Legal Processes at 316–324, (Butterworths Lexis Nexis, 2002)
“Empire’s Law: Foreign Relations by Presidential Fiat,” in September 11 in History: A Watershed Moment? pgs. 194–211 (Duke University Press, 2003)
“Bringing the Messiah Through the Law,” in Human Rights in Political Transitions: Gettysburg to Bosnia, pgs. 177–193 (Zone Books, 1999)
“Millennial Visions: Human Rights at Century’s End,” in Human Rights in Political Transitions: Gettysburg to Bosnia, pgs. 339–342 (Zone Books, 1999)
“Nuremberg and Its Legacy, Fifty Years Later,” in War Crimes; The Legacy of Nuremberg, pgs. 44–54 (TV Books, 1999)
“Constitutional Costs to Free Market Transitions,” Chapter 20 in Western Rights? Post-Communist Application, pgs. 361–383 (Kluwer Law International, 1996)
“How Are the New Democracies of the Southern Cone Dealing With the Legacy of Past Human Rights Abuses?” in Transitional Justice: How Emerging Democracies Reckon with Former Regimes, Volume I, pgs. 146–153 (United States Institute of Peace, 1995)
“Persecution and Inquisition: A Case Study,” Chapter 10 in Transition to Democracy in Latin America: The Role of the Judiciary, pgs. 141–153 (Westview Press, 1993)
Articles
“The Justice Archive: Transitional Justice and Digital Memory,” co-authored with Iavor Rangelov, London Review of International Law, 11(1), 83–109 (2023)
“The global jurist as pedagogue? Ronald Dworkin in post-Junta Argentina,” London Review of International Law, 5(2) 269–287 (2017)
“Transitional Justice and Judicial Activism: An Emerging Right to Accountability?” 48 Cornell International Law Journal, 385 (2015)
"Dialogues of Transitional Justice, Keynote Speech," Quinnipiac University School of Law Law Review, 32(3) 587 (2014)
“Judging and Judgment in the 21st Century: The ICC’s Confrontation with Africa’s Leaders,” Security in Transition: An Interdisciplinary Investigation Into the Security Gap (2014)
“Does Humanity Law Require (or Imply) a Progressive Theory of History? (and Other Questions for Martti Koskenniemi),” co-authored with R. Howse, 27 Temple International and Comparative Law Journal, 377–397 (2013)
“Humanity Bounded and Unbounded: The Regulation of External Self-Determination under International Law,” co-authored with R. Howse, 7 Law & Ethics of Human Rights 155–184 (2013)
“Rethinking Jus Post Bellum in an Age of Global Transitional Justice: Engaging with Michael Walzer and Larry May,” 24 European Journal of International Law 335–342 (2013)
“Delphic Dictum: How has the ICJ Contributed to the Global Rule of Law by its Ruling on Kosovo?” co-authored with R. Howse, 11 German Law Journal 841–846 (2010)
“Beyond Compliance: Rethinking Why International Law Really Matters,” co-authored with R. Howse, 1 Global Policy (2010)
“Cross-Judging: Tribunalization in a Fragmented but Interconnected Global Order,” co-authored with R. Howse, 41 New York University Journal of International Law and Politics 595 (2009)
“Humanity Law: A New Interpretive Lens on the International Sphere,” 77 Fordham Law Review 667 (2008)
“Bringing Transitional Justice Home: President Obama’s Dilemma about the Past Administration’s Human Rights Abuses — What is to be Done, and Who’ll be the Judge?” FindLaw.com (2008)
“Militating Democracy: Comparative Constitutional Perspectives,” 29 Michigan Journal of International Law 49 (2007)
“Introduction, Symposium: Perspectives on Post-Conflict Constitutionalism,” 51 New York Law School Law Review 456–465 (2006–07)
“Transitional Justice: Postwar Legacies,” 27 Cardozo Law Review 1615–1631 (2006)
“The Law and Politics of Contemporary Transitional Justice,” 38 Cornell International Law Journal 837–862 (2005)
“Through the Veil, Darkly: Why France’s Ban on the Wearing of Religious Symbols Is Even More Pernicious Than it Appears,” FindLaw’s Writ: Legal Commentary (2004)
“IRAK Les victimes de Saddam Hussein pourront-elles enfin solder leurs comptes? Une exigence insatisfaite de justice,” Le Figaro (Debats et Opinions) (2003)
“Made to Measure Justice,” The Globe and Mail, pg. A13, (2003)
“The Road to Justice in Iraq,” Korea Herald (2003)
“Transitional Justice Genealogy,” 16 Harvard Human Rights Journal 69–94 (2003)
“Transitional Justice in a New Era,” 25 Fordham International Law Journal 893–906 (2003)
“Operation Iraqi Freedom: Just or Unjust War? Humanitarian Action, or Simply Geopolitics?” FindLaw’s Writ: Legal Commentary (2003)
“National Sovereignty: A Cornerstone of International Law and an Obstacle to Protecting Citizens,” Legal Affairs 27–29 (2002)
“Humanity’s Law: Rule of Law for the New Global Politics,” 35 Cornell International Law Journal 355–387 (2002)
“The Future of Human Rights Discourse,” 46 Saint Louis University Law Journal 449–463 (2002)
“On Wellington Interpretation: A Timely Reappraisal,” 45 New York Law School Law Review 225–234 (2001)
“The Constitutional Canon: The Challenge Posed by a Transitional Constitutionalism,” 17 Constitutional Commentary 237–240 (2000)
“The Universal and the Particular in International Criminal Justice,” 30 Columbia Human Rights Law Review 285–303 (1999)
“Vouchsafing Democracy: On the Confluence of Governmental Duty, Constitutional Right, and Religious Mission,” 13 Notre Dame Journal of Law, Ethics & Public Policy 409–420 (1999)
“Human Rights Genealogy,” 66 Fordham Law Review 301–317 (1997)
“Transitional Jurisprudence: The Role of Law in Political Transformation,” 106 Yale Law Journal 2009–2082 (1997)
“Judgment at The Hague,” 5 East European Constitutional Review 80–85 (1996)
“Transcript, Symposium: Nazis in the Courtroom: Lessons From the Conduct of Lawyers and Judges Under the Laws of the Third Reich and Vichy, France,” with J.B. Weinstein, R.H. Weisberg, and D. Luban, 61 Brooklyn Law Review 1149–1153, 1160 (1995)
“Nuremberg’s Lessons for Today,” Hartford Courant, pg. C1 (1995)
“Paradoxes in the Revolution of the Rule of Law,” 19 Yale Journal of International Law 239–247 (1994)
“Post-Communist Constitutionalism: A Transitional Perspective,” 26 Columbia Human Rights Law Review 167–190 (1994)
“A Critique of Religion as Politics in the Public Sphere,” 78 Cornell Law Review 747–821 (1993)
“Postmodernist Architectures in the Law of Religion,” Brigham Young University Law Review 97–115 (1993)
“Reactionary Constitutional Identity (Comparative Constitutionalism: Theoretical Perspectives on the Role of Constitutions in the Interplay Between Identity and Diversity),” 14 Cardozo Law Review 747–757 (1993)
“Dilemmas of Justice,” 1 East European Constitutional Review 20–21 (1992)
“The ‘Ivan’ Case: Cold War Injustice,” Washington Post, pg. A21 (1992)
“Tribute to Owen Kupferschmid and Opening Address,” co-authored with C.C. Lichtenstein, A. Berney, and W. Mandell, 12 Boston College Third World Law Journal 191–198 (1992)
“Responses to World War Two Criminals and Human Rights Violators: National and Comparative Perspectives; European, American, and Canadian Responses,” with G.P. Fletcher, H. Friedlander, F. Weinschenk, A. Ryan, Jr., B. Einhorn, E. Rosenbaum, H. Stanislawski, D. Matas, and I. Cotler, 8 Boston College Third World Law Journal 3–45 (1988)
“Freedom of Speech and Holocaust Denial (Panel Discussion)” co-authored with with G. Tishler, I. Cotler, A.M. Dershowitz, A. Berney, and N. Ackerman, 8 Cardozo Law Review 559–594 (1987)
“Debating Conviction Against Conviction—Constitutional Considerations on the Sanctuary Movement,” 14 Hastings Constitutional Law Quarterly 25–41 (1986)
“The Supreme Court’s 1984–85 Church-State Decisions: Judicial Paths of Least Resistance,” 21 Harvard Civil Rights-Civil Liberties Law Review 651–688 (1986)
“When Separate Is Equal: Why Organized Religious Exercises, Unlike Chess, Do Not Belong in the Public Schools,” 81 Northwestern University Law Review 174–189 (1986)
“The Unconstitutionality of Equal Access Policies and Legislation Allowing Organized Student-Initiated Religious Activities in the Public High Schools: A Proposal for a Unitary First Amendment Forum Analysis,” 12 Hastings Constitutional Law Quarterly 529–595 (1985)
“Rex Lee Selectively Abandons Judicial Restraint,” co-authored with M. Eisenberg, 6 Legal Times 8 (1984)
Other Writing
Book Review of What is a Fair International Society? International Law Between Development and Recognition by E. Tourme-Jouannet, European Journal of Intl Law 25 945–948 (2014)
Book Review of Post-Conflict Justice edited by C. Bassiouni, 98 American Journal of International Law 872–875 (2004)
“Comparative Constitutional Law in a Global Age,” Book Review of Comparative Constitutionalism: Cases and Materials edited by N. Dorsen, M. Rosenfeld, A. Sajo, and S. Baer, 117 Harvard Law Review 2570–2596 (2004)
Book Review of War Crimes: Brutality, Genocide, Terror, and the Struggle for Justice by Aryeh Neier, 8 East European Constitutional Review 112–114 (1999)
Book Review of Religion and the State: Essays in Honor of Leo Pfeffer, by James E. Wood, Jr., 8 Journal of Law and Religion 663–670 (1990–1991)
“Original Intent, History and Levy’s Establishment Clause,” Book Review of The Establishment Clause: Religion and the First Amendment by Leonard W. Levy, 15 Law and Social Inquiry 591–609 (1990)
Book Review of The Human Rights of Aliens in Contemporary International Law by Richard B. Lillich, co-authored with O. Kupferschmidt, 19 New York University Journal of International Law and Politics 479–490 (1987)
Book Review of Reconsecrating America by George Goldberg, 2 Constitutional Commentary 529–535 (1985)
