1 Books
International Law/Relations
Justifying International Acts (1989, Cornell University Press)
American Hegemony: Political Morality in a One-Superpower World (1996, Yale Univ. Press)
Global Justice (co-editor) (1999, New York Univ. Press)
Rethinking Food Systems: Structural Challenges, New Strategies and the Law (co-editor) (2014, Springer)
International Claims Commissions Righting Wrongs After Conflict (co-author) (2017, Elgar Publishing)
Conflict of Laws/Civil Procedure
An Introduction to Jurisdiction in the American Federal System (co-author) (1986)
Conflict of Laws: Foundations and Future Directions (2d ed. 1991)
Conflict of Laws (Introduction to Law Series) (1995)
Conflicts of Laws: Cases and Materials (co-author) (3rd–7th editions, Aspen) (2015)
2 Articles
International Law/Relations
Res Judicata and Multi-State Integration, 80 Michigan Law Review 892 (1983)
International Remedies, 14 Yale Journal of International Law 579 (1989)
Secession and Self-Determination: A Territorial Interpretation, 16 Yale Journal of International Law 177 (1991)
International Law in American Courts: A Modest Proposal, 100 Yale Law Journal 2277 (1991)
The Odd Advantage of Reliable Enemies, 32 Harvard International Law Journal 331 (1991)
Groups, Histories, and the International Law, 25 Cornell International Law Journal 555 (1992)
Trade Policy: The Normative Dimension, 25 New York University Journal of International Law and Politics 211 (1993)
Federalism, State Authority, and the Preemptive Power of International Law, 1994 Supreme Court Review 295
What’s the Matter with Selective Intervention?, 37 Arizona Law Review 955 (1995)
Transforming International Politics: An American Role for the Post Cold War World, 64 University of Cincinnati Law Review 119 (1995)
The Moral Significance of Nationalism, 71 Notre Dame Law Review 7 (1995)
International Justice and International Law, 98 West Virginia Law Review 611 (1996)
Altruism and the International Environment (60th Cleveland-Marshall Fund Lecture), 44 Cleveland State Law Review 1 (1996)
The Institutional and Instrumental Value of Nationalism, in International Law and Ethnic Conflict (David Wippman ed. 1998, Cornell University Press)
Realism Revisited: The Morality of Means and Ends in Anarchy, in Global Justice (Ian Shapiro & Lea Brilmayer eds.1999, New York University Press)
Commentaries on Lea Brilmayer, Secession and Self-Determination: A Territorial Interpretation: One Decade Later (Twenty-Fifth Anniversary Commemoration), 25 Yale Journal of International Law 283 (Summer 2000)
America: The World’s Mediator? (1999 Daniel J. Meador Lecture), 51 Alabama Law Review 715 (Winter 2000)
What Use Is John Rawls’ Theory of Justice to Public International Law?, 6 International Legal Theory 36 (2000)
Land and Sea: Two Sovereignty Regimes In Search of a Common Denominator (with Natalie Klein), 33 New York University Journal of International Law and Politics 703 (2001)
Family Separation as a Violation of International Law (Stefan A. Riesenfeld Symposium 2002) (with Sonja Starr), 21 Berkeley Journal of International Law 213 (2003)
From ‘Contract’ to ‘Pledge’: The Structure of International Human Rights Agreements, 2006 British Yearbook of International Law 163
Ownership or Use? Civilian Property Interests in International Humanitarian Law (with Geoffrey Chepiga), 49 Harvard Journal of International Law 413 (2008)
Treaty Denunciation and “Withdrawal” from Customary International Law: An Erroneous Analogy with Dangerous Consequences, Comment. (with Isaias Yemane Tesfalidet) 120 Yale Law Journal Online (2010)
Third State Obligations and the Enforcement of International Law, 44 New York University Journal of International Law and Politics 1 (2011)
Initiating Territorial Adjudication: The Who, How, When, and Why of Litigating Contested Sovereignty (with Adele Faure), in Litigating International Law Disputes: Weighing the Options (Natalie Klein ed. 2014, Cambridge University Press)
Regulating Land Grabs: Third Party States, Social Activism, and International Law (co-author), in Rethinking Food Systems: Structural Challenges, New Strategies and the Law (co-editor 2014, Springer)
The Illogic of Cultural Relativism in Global Human Rights Debate (with Tian Huang), in The Global Community Yearbook of International Law and Jurisprudence (Giuliana Ziccardi Capaldo ed. 2014)
Secession and the Two Types of Territorial Claims, 21 ILSA Journal of International and Comparative Law 325 (2015)
International Boundary Disputes in the 21st Century: Victims, Villains, and Third State Responsibility, 33 Wisconsin Int’l Law Journal 101 (2016)
Conflict of Laws/Civil Procedure
Interest Analysis and the Myth of Legislative Intent, 78 Michigan Law Review 392 (1980)
How Contracts Count: Due Process Limitations on State Court Jurisdiction, 1980 Supreme Court Review 77
Legitimate Interests in Multi-State Problems: As Between State and Federal Law, 79 Michigan Law Review 1315 (1981)
Methods and Objectives in the Conflict of Laws: A Challenge, 35 Mercer Law Review 555 (1984)
Credit Due Judgments and Credit Due Laws: The Respective Roles of Due Process and Full Faith and Credit in the Interstate Context, 70 Iowa Law Review 95 (1984)
Governmental Interest Analysis: A House Without Foundations, 46 Ohio State Law Journal 459 (1985)
Personal Jurisdiction and Substantive Legal Relations: Corporations, Conspiracies, and Agency (with Kathleen Paisley), 74 California Law Review 1 (1986)
The Extraterritorial Application of American Law: A Methodological and Constitutional Appraisal, 50 Law and Contemporary Problems 11 (1987)
The Choice of Law Revolution in Connecticut, 62 Connecticut Bar Journal 373 (1988)
A General Look at General Jurisdiction (co-author), 66 Texas Law Review 721 (1988)
Picking and Choosing: Time for a Change in Modern Choice of Law Theory, 4 Benchmark 45 (1988).
Related Contacts and Personal Jurisdiction, 101 Harvard Law Review 1444 (1988)
Rights, Fairness, and Choice of Law, 98 Yale Law Journal 1277 (1989)
Post-Modernism in American Choice of Law (colloquium in honor of Francois Laurent 1810–1887) 695
Introduction: Three Perennial Themes in the Law of Personal Jurisdiction, 22 Rutgers Law Journal 949 (1991)
The Other State’s Interests, 24 Cornell International Law Journal 233 (1991)
Comment on Peterson and Selvin, 54 Law and Contemporary Problems 249 (1991)
Federal Extraterritoriality and Fifth Amendment Due Process (with Charles Nochi), 105 Harvard Law Review 1217 (1992)
Interstate Preemption: The Right to Travel, the Right to Life, and the Right to Die, 91 Michigan Law Review 873 (1993)
Substantive Policies in the Formation and Application of Choice of Law Rules, Collected Courses, The Hague Academy of International Law (1995)
Chapter Eight: Conflict of Laws, in Fundamentals of American Law (Alan B. Morrison & William J. Brennan eds. 1996, Oxford University Press)
Choice of Law Theory and the Metaphysics of the Stand-Alone Trigger (with Raechel Anglin), 99 Iowa Law Review 1125 (2009–2010)
The New Extraterritoriality: Morrison v. National Australia Bank, Legislative Supremacy, and the Presumption Against Extraterritorial Application of American Law, 40 Southwestern Law Review 655 (2010–2011)
Hard Cases, Single Factor Theories, and a Second Look at the Restatement Second of Conflicts, 2015 University of Illinois Law Review 1969
A General Look at Specific Jurisdiction, 42 Yale Journal of International Law Online 1 (2017)
Federal Jurisdiction
Judicial Review, Justiciability and the Limits of the Common Law Method, 57 Boston University Law Review 807 (1977)
The Jurisprudence of Article III: Perspectives on the Case or Controversy Requirement, 93 Harvard Law Review 297 (1979–1980)
A Reply, 93 Harvard Law Review 1727 (1980)
State Forfeiture Rules and Federal Review of State Criminal Convictions, 49 University of Chicago Law Review 741 (1982)
Congressional Obligation to Provide a Forum for Constitutional Claims: Discriminatory Jurisdictional Rules and the Conflict of Laws (with Stefan Underhill), 69 Virginia Law Review 819 (1983)
State Sovereignty and the Two Faces of Federalism: A Comparative Study of Federal Jurisdiction and the Conflict of Laws (with Ronald D. Lee), 60 Notre Dame Law Review 833 (1985)
Interstate Federalism, 3 Brigham Young University Law Review 949 (1987)
A General Theory of Preemption: With Comments on State Decriminalization of Marijuana, 58 Boston College Law Review 895 (2017)
Jurisprudence/Interstate Jurisprudence
The Empirical and Institutional Bases of the Rights Thesis, 11 Georgia Law Review 392 (1978)
Review: Taking Rights Seriously (with James W. Nickel), 77 Columbia Law Review (1977)
Wobble, or the Death of Error, 59 Southern California Law Review 363 (1986)
Carolene, Conflicts, and the Fate of the Inside-Outsider, 134 University of Pennsylvania Law Review 1291 (1986)
Conflict Between Text and Precedent in Constitutional Adjudication, 73 Cornell Law Review 418 (1987)
Shaping and Sharing in Democratic Theory: Towards a Political Philosophy of Interstate Equality, 15 Florida State University Law Review 389 (1987)
Jurisdictional Due Process and Political Theory, 39 University of Florida Law Review 293 (1987)
Consent, Contract, and Territory (Lockhart Lecture), 74 Minnesota Law Review 1 (1989)
Do We Really All Believe That Judges Should Be Influenced by Political Pressure?, 61 University of Colorado Law Review 703 (1990)
Liberalism, Community, and State Borders (Currie Lecture), 41 Duke Law Journal 1 (1991)
Untethered Norms after Erie Railroad Co. v. Tompkins: Positivism, International Law, and the Return of the Brooding Omnipresence, 54 William & Mary Law Review 725 (2013)
Miscellaneous
Review: Quantitative Methods and Legal Decisions (with Lewis Kornhauser), 46 University of Chicago Law Review 116 (1978)
Sex Discrimination in Employer-Sponsored Insurance Plans: A Legal and Demographic Analysis (co-author), 47 University of Chicago Law Review 505 (1980)
The Efficient Use of Group Averages as Nondiscrimination: A Rejoinder to Professor Benston (co-author), 50 University of Chicago Law Review 222 (1983)
Whither Goest an Appealed Remedy, 1983–1984 Preview of United States Supreme Court Cases 205
Federal Protection for Farmers’ Freedom of Choice, 1983–1984 Preview of United States Supreme Court Cases 391
The Right to Own Land v. the Right to Keep It: Private Property and the Constitution, 1983–1984 Preview of United States Supreme Court Cases 429
The Incompleteness of Bayesian Probability Logic, 6 Brain and Behavioral Sciences 488 (1983)
Local or State Control Over Federal Payments in Lieu of Tax, 1984–1985 Preview of United States Supreme Court Cases 67
Does Temporary Deprivation of Land Use Give Rise to Damages Action?, 1984–1985 Preview of United States Supreme Court Cases 283
Second-Order Evidence and Bayesian Logic, 66 Boston University Law Review 673 (1986)
Response, 15 Florida State University Law Review 477 (1987)
Lonely Libertarian: One Man’s View of Antidiscrimination Law, 31 San Diego Law Review 105 (1994)
Inclusive Feminism, 38 New York Law School Law Review 377 (1993)