PUBLICATIONS
International Law
International Law: 100 Ways It Shapes Our Lives - ASIL (2018)
This is the second edition of a booklet published by the American Society of International Law, which described the project:
The "100 Ways" project was conceived from the proposition that international law not only exists but also penetrates more deeply and broadly into everyday life than is generally recognized. One hundred examples of this fact were identified by ASIL members, vetted by a small group of experts, and organized into seven chapters: daily life, leisure, travel, commerce, health and the environment, personal liberty, and public safety and security. This list has proved a useful education tool for non-expert audiences, from students and the public to judges and policymakers.
I co-edited the second edition with Anna Spain Bradley.
The International Law of Game of Thrones - Alabama Law Review Online (2015)
Game of Thrones depicts a violent and, some might say, lawless world. Few would think that the world evidences much international law. Yet, this article identifies several rules of international law observable on the show and relates them to real-world international law. Observable rules include some fundaments of the law of treaties, customary norms, and (most surprisingly) at least one humanitarian peremptory norm. These rules cover a range of subjects, including sovereignty, state responsibility, jurisdiction, immunities, and human rights. The article also discusses the special legal status of the Night’s Watch, which is governed by the most important legal “text” in Game of Thrones. Finally, the article tries to have some fun.
The article is current through the end of Season 5 (spoiler alert!).
Lemkin’s Situation: Toward a Rhetorical Understanding of "Genocide" - Brooklyn Law Review (2012)
Legal debate about genocide revolves around the definition set forth in the 1948 Genocide Convention, but often critically and with prescriptions for amendment. Many other definitions compete in public discourse. Often lost in all the discussion about what genocide does or should mean is the original intent of Raphael Lemkin, the man who coined the word and convinced the United Nations to denounce and outlaw the “odious scourge” of genocide. This Article contributes to genocide discourse by conceiving Lemkin’s coinage as rhetoric – that is, as part of his strategy to persuade the nations of the world to change international law and, indeed, the nature of international society. Accordingly, this Article applies lessons from rhetorical scholarship to a reading of nine of Lemkin’s published works. In particular, it draws on Lloyd Bitzer’s idea of the “rhetorical situation” to uncover “Lemkin’s situation” and thereby reveal the work he expected his word to perform. It also provides an example of how the Lemkinian understanding developed here can improve our construction of the Genocide Convention and points the way toward further use of the Bitzer method to assess genocide’s ongoing value in public discourse.