Associate Professor of Law, Cornell Law School; co-author of Defending Humanity (OUP) and co-editor of Targeted Killings (OUP)

Reading The Assault on International Law provides a dramatic insight into the legal, academic, and ultimately - political battles over the place of international law in US domestic law and the US conceptualization of sovereignty. For those with a particular fondness for international law, it reads like a thriller - a pretty good one, for that matter.

• PROLOGUE: DRAMATIS PERSONAE ; 1. The Office of Legal Counsel ; 2. The Emergence of the New Realists ; 3. Conclusion ; CHAPTER ONE: GAMING THE FEDERAL COURTS ; 1. The Erie Doctrine 2.0 ; 2. The Filartiga Era: Enforcing International Law at Home ; 3. Filartiga's Demise, Parochialism's Rise ; 4. The New Realists go to Washington ; 5. International Law as Interpretive Guidance ; 6. Conclusion ; CHAPTER TWO: PRESIDENTS AND LEVIATHANS ; 1. Public Opinion and Law ; 2. Presidential Power: The New Realist's Normative Argument ; 3. Democratic Decision-making versus Schmittology ; 4. Executive Action During Emergencies ; 5. Why Schmittian Administrative Law is Not Inevitable ; 6. Conclusion ; CHAPTER THREE: THE ATTACK: MISUNDERSTANDING RATIONALITY ; 1. The Game Theory Game ; 2. The Prisoner's Dilemma and Nash Equilibrium ; 3. Law and Self-Interest ; 4. Objections to the Moral Obligation of States ; CHAPTER FOUR: SOLVING THE PRISONER'S DILEMMA OF INTERNATIONAL LAW ; 1. The Toxin Puzzle and Taking the Long View ; 2. The Deterrence Paradox and the Limits of Follow-Through ; 3. Assurances and Cooperation ; 4. Why the New Realists Fail to Understand Rationality ; 5. Rationality and Obligation ; CHAPTER FIVE: WAR AS COOPERATION ; 1. War as Cooperation ; 2. Who can be Targeted? Combatants, Civilians, and CCFers ; 3. Geographical Constraints on Armed Conflict ; 4. Co-Applying the Laws of War with Human Rights ; CHAPTER 6: REENGAGING INTERNATIONAL INSTITUTIONS ; 1. Global Legalism vs. Rational Choice: A False Dichotomy ; 2. Does Globalization Need Taming? ; 3. The United Nations ; 4. The International Court of Justice ; 5. The International Criminal Court

Associate Professor of Law, Cornell Law School; co-author of Defending Humanity (OUP) and co-editor of Targeted Killings (OUP)

Reading The Assault on International Law provides a dramatic insight into the legal, academic, and ultimately - political battles over the place of international law in US domestic law and the US conceptualization of sovereignty. For those with a particular fondness for international law, it reads like a thriller - a pretty good one, for that matter.

• PROLOGUE: DRAMATIS PERSONAE ; 1. The Office of Legal Counsel ; 2. The Emergence of the New Realists ; 3. Conclusion ; CHAPTER ONE: GAMING THE FEDERAL COURTS ; 1. The Erie Doctrine 2.0 ; 2. The Filartiga Era: Enforcing International Law at Home ; 3. Filartiga's Demise, Parochialism's Rise ; 4. The New Realists go to Washington ; 5. International Law as Interpretive Guidance ; 6. Conclusion ; CHAPTER TWO: PRESIDENTS AND LEVIATHANS ; 1. Public Opinion and Law ; 2. Presidential Power: The New Realist's Normative Argument ; 3. Democratic Decision-making versus Schmittology ; 4. Executive Action During Emergencies ; 5. Why Schmittian Administrative Law is Not Inevitable ; 6. Conclusion ; CHAPTER THREE: THE ATTACK: MISUNDERSTANDING RATIONALITY ; 1. The Game Theory Game ; 2. The Prisoner's Dilemma and Nash Equilibrium ; 3. Law and Self-Interest ; 4. Objections to the Moral Obligation of States ; CHAPTER FOUR: SOLVING THE PRISONER'S DILEMMA OF INTERNATIONAL LAW ; 1. The Toxin Puzzle and Taking the Long View ; 2. The Deterrence Paradox and the Limits of Follow-Through ; 3. Assurances and Cooperation ; 4. Why the New Realists Fail to Understand Rationality ; 5. Rationality and Obligation ; CHAPTER FIVE: WAR AS COOPERATION ; 1. War as Cooperation ; 2. Who can be Targeted? Combatants, Civilians, and CCFers ; 3. Geographical Constraints on Armed Conflict ; 4. Co-Applying the Laws of War with Human Rights ; CHAPTER 6: REENGAGING INTERNATIONAL INSTITUTIONS ; 1. Global Legalism vs. Rational Choice: A False Dichotomy ; 2. Does Globalization Need Taming? ; 3. The United Nations ; 4. The International Court of Justice ; 5. The International Criminal Court

Associate Professor of Law, Cornell Law School; co-author of Defending Humanity (OUP) and co-editor of Targeted Killings (OUP)

Reading The Assault on International Law provides a dramatic insight into the legal, academic, and ultimately - political battles over the place of international law in US domestic law and the US conceptualization of sovereignty. For those with a particular fondness for international law, it reads like a thriller - a pretty good one, for that matter.

• PROLOGUE: DRAMATIS PERSONAE ; 1. The Office of Legal Counsel ; 2. The Emergence of the New Realists ; 3. Conclusion ; CHAPTER ONE: GAMING THE FEDERAL COURTS ; 1. The Erie Doctrine 2.0 ; 2. The Filartiga Era: Enforcing International Law at Home ; 3. Filartiga's Demise, Parochialism's Rise ; 4. The New Realists go to Washington ; 5. International Law as Interpretive Guidance ; 6. Conclusion ; CHAPTER TWO: PRESIDENTS AND LEVIATHANS ; 1. Public Opinion and Law ; 2. Presidential Power: The New Realist's Normative Argument ; 3. Democratic Decision-making versus Schmittology ; 4. Executive Action During Emergencies ; 5. Why Schmittian Administrative Law is Not Inevitable ; 6. Conclusion ; CHAPTER THREE: THE ATTACK: MISUNDERSTANDING RATIONALITY ; 1. The Game Theory Game ; 2. The Prisoner's Dilemma and Nash Equilibrium ; 3. Law and Self-Interest ; 4. Objections to the Moral Obligation of States ; CHAPTER FOUR: SOLVING THE PRISONER'S DILEMMA OF INTERNATIONAL LAW ; 1. The Toxin Puzzle and Taking the Long View ; 2. The Deterrence Paradox and the Limits of Follow-Through ; 3. Assurances and Cooperation ; 4. Why the New Realists Fail to Understand Rationality ; 5. Rationality and Obligation ; CHAPTER FIVE: WAR AS COOPERATION ; 1. War as Cooperation ; 2. Who can be Targeted? Combatants, Civilians, and CCFers ; 3. Geographical Constraints on Armed Conflict ; 4. Co-Applying the Laws of War with Human Rights ; CHAPTER 6: REENGAGING INTERNATIONAL INSTITUTIONS ; 1. Global Legalism vs. Rational Choice: A False Dichotomy ; 2. Does Globalization Need Taming? ; 3. The United Nations ; 4. The International Court of Justice ; 5. The International Criminal Court