Foundations of International Law and Politics (co-authored with Harold H. Koh) (a reader intended for legal and political science audiences) (forthcoming from Foundation Press in 2004)

Empirical Approaches to International Law, AM. J. INT’L L. (forthcoming 2004) (discusses the lessons that can be drawn from existing empirical research into human rights law and proposes promising avenues for future research)

The International Law of Torture, in TORTURE: PHILOSOPHICAL, POLITICAL, AND LEGAL PERSPECTIVES (Sanford Levinson ed., Oxford University Press forthcoming 2004) (explores the place of international law in efforts to bring an end to the practice of torture)

The Cost of Commitment, 55 STAN. L. REV. 1821 (2003) (arguing that traditional understandings of the costs of treaty ratification are insufficiently nuanced and that the cost of compliance varies according to the product of a country’s divergence from the requirements of the treaty and the likelihood that the nation will actually change its practices to comply with those requirements and then tests the theory offered using empirical evidence)

Testing Conventional Wisdom, 13 E.J.I.L. 185 (2003) (peer review journal) (arguing that empirical analysis can be an important and powerful tool for testing assumptions regarding state behavior)

Do Human Rights Treaties Make a Difference?, 111 YALE L. J. 1935 (2002) (analyzes quantitative data on over 150 nations during a 40-year period to assess the impact of human rights treaties on countries’ human rights practices and the empirical validity of current theories of international law compliance).

Path Dependence in the Law: The Course and Pattern of Change in a Common Law Legal System, 86 IOWA L. REV. 601 (2001) (develops and applies three strands of path dependence theory to explain change in common law legal systems and to offer a positive and normative account of stare decisis).

Positive Feedback: The Impact of Trade Liberalization on Industry Demands for Protection, 52 INT’L ORG. 575 (1998) (peer review journal) (uses tools drawn from political economy and rational choice theory, as well as empirical evidence, to propose and test a theory that helps explain variation in demand for trade protection).

Book Note, The Politics of the Confirmation Process, 107 YALE L. J. 235 (1996) (reviews John Anthony Maltese, The Selling of Supreme Court Nominees).

Popular Writing

Supreme Court Brings Bush Administration Back to Earth, THE HARTFORD COURANT, July 1, 2004 (op-ed discussing the Supreme Court’s cases on the rights of prisoners in the war on terror)

The Court Puts the White House in its Place, NEWSDAY, June 30, 2004 (op-ed discussing the Supreme Court’s cases on the rights of prisoners in the war on terror)

Human Rights and Security, a paper for the United Nations High Level Panel on Global Security Threats (commissioned by the UN Foundation) (proposes ways the UN can use international law to more effectively shape what states do)

Two Cheers for International Law, 27 Wilson Quarterly 50 (Autumn 2003) (examines the role of international law in modern international politics)

Making Human Rights Treaties Work: Global Legal Information and Human Rights in the 21st Century, 31 INT’L J. OF LEGAL INFO. 312 (2003) (discussing why human rights treaties have been ignored in discussions of the war against terrorism and how they can be made more effective)

Making Human Rights Treaties Work, 4 YALE POLITIC 28 (2003) (discussing why human rights treaties have been ignored in discussions of the war against terrorism and how they can be made more effective)

Book Note, The Politics of the Confirmation Process, 107 YALE L. J. 235 (1996) (reviews John Anthony Maltese, The Selling of Supreme Court Nominees).

Whither Biodiversity? The Global Debate over Biological Variety Continues, 15 HARV. INT’L REV. 58 (Winter 1992/93) (journalistic piece examining the international debate over a draft treaty designed to maintain biological diversity).

Lifting the Veil, 19 HARV. POL. REV. 16 (Mar. 1992) (journalistic piece examining the political and social status of women in Kuwait, based in part on observations made during a visit to Kuwait). Winner of the Kennedy School of Government Political Journalism Award.