Jean Galbraith

University of Pennsylvania Carey Law School

Professor of Law

3501 Sansom Street

Philadelphia, PA 19104

United States

http://www.law.upenn.edu/faculty/jgalbrai/

SCHOLARLY PAPERS

22

DOWNLOADS
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3,324

SSRN CITATIONS
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SSRN RANKINGS

Top 49,969

in Total Papers Citations

6

CROSSREF CITATIONS

10

Scholarly Papers (22)

1.

Soft Law as Foreign Relations Law

Cornell Law Review, Vol. 99, No. 4, 2015
Number of pages: 60 Posted: 17 May 2014
Jean Galbraith and David T. Zaring
University of Pennsylvania Carey Law School and University of Pennsylvania - Legal Studies Department
Downloads 367 (150,238)

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2.

Treaty Options: Towards a Behavioral Understanding of Treaty Design

Virginia Journal of International Law, Vol. 53, p. 309 (2013)
Number of pages: 57 Posted: 09 Oct 2012 Last Revised: 22 May 2013
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 360 (153,430)
Citation 2

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international law, treaties, reservations

3.

From Treaties to International Commitments: The Changing Landscape of Foreign Relations Law

University of Chicago Law Review, Vol. 84, p. 1675, 2017, U of Penn Law School, Public Law Research Paper No. 17-14
Number of pages: 71 Posted: 16 Mar 2017 Last Revised: 02 Jan 2018
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 314 (177,677)

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International law, international relations & commitments, foreign policy, treaties, congressional-executive and executive agreements, constitutional law, separation of powers, administrative law, new checks and balances, Paris climate accord

4.

International Law and the Domestic Separation of Powers

99 Virginia Law Review 987 (2013)
Number of pages: 62 Posted: 22 Sep 2013
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 263 (213,292)

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international law, separation of powers, recognition, war powers, sole executive agreements

5.

Congress's Treaty-Implementing Power in Historical Practice

56 William & Mary Law Review 59 (2014)
Number of pages: 55 Posted: 08 Jun 2013 Last Revised: 21 Nov 2014
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 227 (246,359)

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Treaties, Congress, Necessary and Proper Clause, Missouri v. Holland

6.

Presidential War Powers as an Interactive Dynamic: International Law, Domestic Law, and Practice-Based Legal Change

New York University Law Review, Vol. 92, P. 689, 2016, Duke Law School Public Law & Legal Theory Series No. 2015-53, U of Penn Law School, Public Law Research Paper No. 15-31
Number of pages: 73 Posted: 16 Nov 2015 Last Revised: 25 May 2017
Curtis Bradley and Jean Galbraith
University of Chicago Law School and University of Pennsylvania Carey Law School
Downloads 200 (277,026)

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war powers, international law, historical practice, security council, use of force

7.

The Failed Promise of Installment Fines

U of Penn Law School, Public Law Research Paper No. 23-08, University of Pennsylvania Law Review, Forthcoming
Number of pages: 70 Posted: 07 Mar 2023
Beth A. Colgan and Jean Galbraith
University of California, Los Angeles (UCLA) - School of Law and University of Pennsylvania Carey Law School
Downloads 170 (320,219)

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Criminal justice policy, economic inequality, sentencing, Supreme Court of the United States, SCOTUS, Eighth Amendment, excessive fines clause, installment payments, Williams v. Illinois, Tate v. Short, Bearden v. Georgia

8.

Ending Security Council Resolutions

American Journal of International Law, Vol. 109, P. 806, 2015, U of Penn Law School, Public Law Research Paper No. 15-32
Number of pages: 24 Posted: 02 Dec 2015 Last Revised: 26 Mar 2016
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 151 (353,993)

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United Nations Security Council, UN, international law, termination of resolutions, Iran, Resolution 2231, conditions to terminate a UN resolution, trigger termination

9.

Prospective Advice and Consent

37 Yale Journal of International Law 247, 2012
Number of pages: 62 Posted: 14 Jul 2011 Last Revised: 27 Jun 2012
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 144 (367,778)

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international law, treaties, advice and consent

10.

Deadlines as Behavior in Diplomacy and International Law

U of Penn Law School, Public Law Research Paper No. 15-16
Number of pages: 25 Posted: 28 Jun 2015
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 141 (373,825)
Citation 1

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International law and practice, deadlines, Chemical Weapons Convention, behavioral international law, diplomacy, international legal design

11.

The Runaway Presidential Power over Diplomacy

Virginia Law Review, Vol. 108, p. 81, 2022, U of Penn Law School, Public Law Research Paper No. 21-35
Number of pages: 66 Posted: 05 Oct 2021 Last Revised: 07 Jul 2022
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 137 (382,207)

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Constitutional law, executive branch power, foreign relations, Congress, President’s practical control, negotiation, lost limits on diplomacy, distribution of diplomatic powers, interface between administrative law and foreign relations law, congressional authority over international engagement

12.

The Pace of International Criminal Justice

31 Michigan Journal of International Law 79 (2009)
Number of pages: 65 Posted: 26 Oct 2012
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 129 (403,161)
Citation 1

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international criminal law, pace, case length, transitional justice

13.

Cooperative and Uncooperative Foreign Affairs Federalism

Harvard Law Review, Vol. 130, p. 2131, 2017, U of Penn Law School, Public Law Research Paper No. 17-28
Number of pages: 32 Posted: 12 Jul 2017
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 114 (439,681)

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Foreign Relations Law, Separation of Powers, Transnational Regulation, Preemption, Sister Cities, Trade Sanctions, Climate Change, Global Warming, Immigration

14.

What Should Restatement (Fourth) Say About Treaty Interpretation?

Brigham Young University Law Review, 2015, P. 1499, U of Penn Law School, Public Law Research Paper No. 15-13
Number of pages: 26 Posted: 27 Jun 2015 Last Revised: 20 Dec 2016
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 100 (483,127)

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Restatements, customary international law, deference to executive branch and foreign courts, canons and principles of interpretation, self-execution, treaties as domestic law, Vienna Convention Articles 31 and 32, Abbott v. Abbott, Bond v. United States, Medellin v. Texas, Lozano v. Montoya Alvarez

15.

Making Treaty Implementation More Like Statutory Implementation

Michigan Law Review, Vol. 115, P. 1309, 2017, U of Penn Law School, Public Law Research Paper No. 17-25
Number of pages: 56 Posted: 06 Jul 2017
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 96 (496,248)

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Constitutional law, foreign relations, legal history, separation of powers, Take Care clause, Medellín v. Texas, Foster v. Neilson, non-self-executing, enforceability, Basel Convention on Hazardous Waste, executive authority

16.

Rejoining Treaties

Virginia Law Review, Vol. 106, p. 73, 2020, U of Penn Law School, Public Law Research Paper No. 20-18
Number of pages: 54 Posted: 04 Jun 2020
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 82 (547,488)

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Foreign relations & constitutional law, separation & distribution of foreign affairs powers, treaty formation & withdrawal, advice & consent resolutions, treaty rejoining

17.

Derivative Foreign Relations Law

U of Penn Law School, Public Law Research Paper No. 23-28, George Washington Law Review, Forthcoming
Number of pages: 29 Posted: 01 Sep 2023
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 78 (563,696)

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U.S. law, derivative foreign relations law, institutional actors, Supreme Court, institutional changes, the President, Congress, the federal judiciary, immigration, sub-national governments, foreign affairs governance, filibuster reform, democratic dysfunctions

18.

Human Rights Treaties in and beyond the Senate: The Spirit of Senator Proxmire

For the Sake of Present and Future Generations: Essays on International Law, Crime and Justice in Honour of Roger S. Clark, ed. Suzannah Linton, Gerry Simpson & William A. Schabas, 2015, U of Penn Law School, Public Law Research Paper No. 15-17
Number of pages: 12 Posted: 02 Jul 2015 Last Revised: 29 Oct 2015
Jean Galbraith
University of Pennsylvania Carey Law School
Downloads 72 (589,690)

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Domestic incorporation of international law, constitutional and foreign relations law, human rights, treaty ratification, United States Senate, William Proxmire, John W. Bricker, reservations, understandings and declarations (RUDs), Roper v. Simmons

19.

Gender-Identity Protection, Trade, and the Trump Administration: A Tale of Reluctant Progressivism

Yale Law Journal Forum, Vol. 129, P. 44, 2019, U of Penn Law School, Public Law Research Paper No. 19-39
Number of pages: 21 Posted: 12 Oct 2019
Jean Galbraith and Beatrix Lu
University of Pennsylvania Carey Law School and University of Pennsylvania, Law School, Students
Downloads 68 (608,209)

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International trade law, new NAFTA, United States-Mexico-Canada Agreement, USMCA, transgender discrimination, hostile domestic policies, international commitment to protect gender identity and sexual orientation, expressive norms, substantive & expressive reach of USMCA’s sex-related protections

20.

Brief of Amici Curiae Professors of Foreign Relations Law, United States v. California

Number of pages: 28 Posted: 22 Apr 2020
William S. Dodge and Jean Galbraith
University of California, Davis - School of Law and University of Pennsylvania Carey Law School
Downloads 62 (637,872)

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climate change, compact clause, treaty clause

21.

Poverty Penalties as Human Rights Problems

American Journal of International Law, Vol.117, p.397, 2023, U of Penn Law School, Public Law Research Paper No. 23-25
Number of pages: 45 Posted: 07 Aug 2023
University of Pennsylvania Carey Law School, University of Pennsylvania, University of Pennsylvania, University of Pennsylvania, University of Pennsylvania, University of Pennsylvania and University of Pennsylvania
Downloads 49 (711,520)

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poverty penalties, human rights, international law, criminal justice systems, intersectional oppression, poverty eradication, discrimination, economic status, Sustainable Development Goal, equity

22.

Temporary International Legal Regimes as Frames for Permanent Ones

in Netherlands Yearbook of International Law, 2014 (2015)., U of Penn Law School, Public Law Research Paper No. 15-14
Posted: 27 Jun 2015
Jean Galbraith
University of Pennsylvania Carey Law School

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Temporary international legal regimes, Rational design, Historical institutionalism, Constructivism, Behavioral international law