John Yoo

University of California at Berkeley School of Law

Emanuel S. Heller Professor of Law

Boalt Hall

Berkeley, CA 94720-7200

United States

American Enterprise Institute

Visiting Scholar

1789 Massachusetts Ave., N.W.

Washington, DC 20036

United States

SCHOLARLY PAPERS

64

DOWNLOADS
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33,010

CITATIONS
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Top 8,695

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52

Scholarly Papers (64)

1.

The Status of Terrorists

Virginia Journal of International Law, Forthcoming
Number of pages: 21 Posted: 27 Aug 2003
John Yoo and James C. Ho
University of California at Berkeley School of Law and Independent
Downloads 2,309 (3,847)

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Terrorism, International Law, Laws of War, Laws of Armed Conflict

2.

International Law and the War in Iraq

UC Berkeley Public Law Research Paper No. 145
Number of pages: 19 Posted: 20 Feb 2004
John Yoo
University of California at Berkeley School of Law
Downloads 2,307 (4,109)
Citation 2

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international law, use of force, Iraq war, self-defense

3.

The Origins of Judicial Review

University of Chicago Law Review, Vol. 69, Summer 2003
Number of pages: 90 Posted: 11 Aug 2003
John Yoo and Saikrishna Prakash
University of California at Berkeley School of Law and University of Virginia School of Law
Downloads 2,014 (4,700)
Citation 1

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constitutional law, judicial review, separation of powers, federal courts, legal history

4.

Using Force

University of Chicago Law Review, Vol. 71, Summer 2004
Number of pages: 62 Posted: 13 Apr 2004
John Yoo
University of California at Berkeley School of Law
Downloads 1,922 (5,343)
Citation 6

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International law, use of force, self-defense, Iraq, war

5.

A Theory of International Adjudication

U Chicago Law & Economics, Olin Working Paper No. 206; UC Berkeley Public Law Research Paper No. 146
Number of pages: 72 Posted: 01 Mar 2004
Eric A. Posner and John Yoo
University of Chicago - Law School and University of California at Berkeley School of Law
Downloads 1,791 (6,027)
Citation 4

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international adjudication, international arbritration, international law, dispute resolution

6.

The Obama Administration, the Dream Act and the Take Care Clause

Texas Law Review, Vol. 91, No. 4, 2013, U of St. Thomas Legal Studies Research Paper No. 12-27, UC Berkeley Public Law Research Paper No. 2144031
Number of pages: 57 Posted: 10 Sep 2012 Last Revised: 09 Oct 2012
John Yoo and Robert J. Delahunty
University of California at Berkeley School of Law and University of St. Thomas School of Law (Minnesota)
Downloads 1,549 (7,760)

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immigration, executive power, legislative power, Presidency, separation of powers

7.

War, Responsibility, and the Age of Terrorism

Stanford Law Review, 2004
Number of pages: 31 Posted: 10 Jan 2005
John Yoo
University of California at Berkeley School of Law
Downloads 1,388 (9,557)
Citation 2

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War powers, presidential power, terrorism, use of force

8.

International Law and the Rise of China

Chicago Journal of International Law, Forthcoming, U of Chicago, Public Law Working Paper No. 127, UC Berkeley Public Law Research Paper No. 901997
Number of pages: 21 Posted: 15 May 2006
Eric A. Posner and John Yoo
University of Chicago - Law School and University of California at Berkeley School of Law
Downloads 945 (18,156)
Citation 2

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9.

The Terrorist Surveillance Program and the Constitution

George Mason Law Review, Vol. 14, 2007, UC Berkeley Public Law Research Paper No. 975333
Number of pages: 48 Posted: 27 Mar 2007
John Yoo
University of California at Berkeley School of Law
Downloads 804 (19,130)
Citation 4

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terrorism, surveillance, president, separation of powers, intelligence

10.

War and the Constitutional Text

University of Chicago Law Review, Vol. 69, No. 4, Fall 2002
Number of pages: 42 Posted: 09 Aug 2003
John Yoo
University of California at Berkeley School of Law
Downloads 768 (24,670)
Citation 1

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Constitutional law, War, Foreign relations, Separation of powers, Presidential power

11.

Judicial Review and the War on Terrorism

George Washington University Law Review, Vol. 71, Forthcoming
Number of pages: 25 Posted: 12 Nov 2003
John Yoo
University of California at Berkeley School of Law
Downloads 688 (29,097)
Citation 3

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terrorism, judicial review, constitutional law, international law

12.

The Legality of the National Security Agency's Bulk Data Surveillance Programs

Harvard Journal of Law and Public Policy, Forthcoming, UC Berkeley Public Law Research Paper No. 2369192
Number of pages: 21 Posted: 19 Dec 2013
John Yoo
University of California at Berkeley School of Law
Downloads 657 (24,326)

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13.

Kant, Habermas and Democratic Peace

Chicago Journal of International Law, 2010, U of St. Thomas Legal Studies Research Paper No. 10-01, UC Berkeley Public Law Research Paper No. 1544063
Number of pages: 38 Posted: 31 Jan 2010
Robert J. Delahunty and John Yoo
University of St. Thomas School of Law (Minnesota) and University of California at Berkeley School of Law
Downloads 630 (30,168)
Citation 1

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international law, world peace, kant, habermas, international security, democratic peace

14.

The President's Constitutional Authority to Conduct Military Operations Against Terrorist Organizations and the Nations that Harbor or Support Them

Harvard Journal of Law and Public Policy, Vol. 25, 2002
Number of pages: 30 Posted: 16 Sep 2002
John Yoo and Robert J. Delahunty
University of California at Berkeley School of Law and Government of the United States of America - Office of Legal Counsel
Downloads 625 (27,112)

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15.

Rational War and Constitutional Design

Yale Law Journal, Vol. 115, 2006, UC Berkeley Public Law Research Paper No. 894117, Northwestern Public Law Research Paper No. 894117
Number of pages: 32 Posted: 30 Mar 2006
Jide Nzelibe and John Yoo
Northwestern University - Pritzker School of Law and University of California at Berkeley School of Law
Downloads 594 (35,910)
Citation 3

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16.

Executive Power v. International Law

Harvard Journal of Law and Public Policy, 2007, U of St. Thomas Legal Studies Research Paper No. 07-03, UC Berkeley Public Law Research Paper No. 956953
Number of pages: 36 Posted: 15 Jan 2007
Robert J. Delahunty and John Yoo
University of St. Thomas School of Law (Minnesota) and University of California at Berkeley School of Law
Downloads 580 (36,311)

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Presidential Power, International Law, Laws of War, Terrorism

17.

Rational Treaties: Article II, Congressional-Executive Agreements, and International Bargaining

Cornell Law Review, Vol. 97, No. 1, 2011, UC Berkeley Public Law Research Paper No. 1783750
Number of pages: 36 Posted: 13 Mar 2011
John Yoo
University of California at Berkeley School of Law
Downloads 525 (41,142)

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treaties, international agreements, bargaining, President, Senate, foreign relations

18.

The 'Bush Doctrine': Can Preventive War Be Justified?

Harvard Journal of Law and Public Policy, Vol. 32, 2009, U of St. Thomas Legal Studies Research Paper No. 09-08, UC Berkeley Public Law Research Paper No. 1396754
Number of pages: 24 Posted: 29 Apr 2009 Last Revised: 04 May 2009
Robert J. Delahunty and John Yoo
University of St. Thomas School of Law (Minnesota) and University of California at Berkeley School of Law
Downloads 491 (35,986)

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war, law of war, preventive war, international conflict, Bush Doctrine

19.

Hamdan V. Rumsfeld: The Functional Case for Foreign Affairs Deference to the Executive Branch

Constitutional Commentary, Vol. 23, p. 179, 2006, Hofstra University Legal Studies Research Paper No. 06-32, UC Berkeley Public Law Research Paper No. 945454
Number of pages: 44 Posted: 20 Nov 2006
Julian Ku and John Yoo
Hofstra University - School of Law and University of California at Berkeley School of Law
Downloads 484 (44,202)
Citation 1

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customary international law, law of war, statutory interpretation, treaties

20.

Beyond Formalism in Foreign Affairs: A Functional Approach to the Alien Tort Statute

Supreme Court Review, p. 153, 2004, Hofstra Univ. Legal Studies Research Paper No. 04-26, UC Berkeley Public Law Research Paper No. 652141
Number of pages: 50 Posted: 23 Jan 2005
Julian Ku and John Yoo
Hofstra University - School of Law and University of California at Berkeley School of Law
Downloads 462 (49,270)
Citation 4

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Customary international law, international law, alien tort statute, federal courts, President, separation of powers

21.

What is the Role of International Human Rights in the War on Terror?

DePaul Law Review, Forthcoming, U of St. Thomas Legal Studies Research Paper No. 10-16, UC Berkeley Public Law Research Paper No. 1595148
Number of pages: 49 Posted: 24 Apr 2010
Robert J. Delahunty and John Yoo
University of St. Thomas School of Law (Minnesota) and University of California at Berkeley School of Law
Downloads 453 (47,302)

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law of war, law of armed conflict, law of international human rights, International Covenant on Civil and Political Rights, war on terror

22.

Force Rules: UN Reform and Intervention

Chicago Journal of International Law, Forthcoming, UC Berkeley Public Law Research Paper No. 801324
Number of pages: 22 Posted: 17 Sep 2005
John Yoo
University of California at Berkeley School of Law
Downloads 452 (50,762)

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International law, United Nations, use of force, terrorism, war

23.
Downloads 415 ( 58,548)
Citation 3

Kosovo, War Powers, and the Multilateral Future

Number of pages: 41 Posted: 08 Mar 2000
John Yoo
University of California at Berkeley School of Law
Downloads 415 (57,982)
Citation 3

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Kosovo, War Powers, and the Multilateral Future

Pennsylvania Law Review, Vol. 148, No. 5, 2000
Posted: 02 Feb 2000
John Yoo
University of California at Berkeley School of Law

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24.

Laws as Treaties?: The Constitutionality of Congressional-Executive Agreements

UC Berkeley Public Law Research Paper No. 35
Number of pages: 85 Posted: 11 Jan 2001
John Yoo
University of California at Berkeley School of Law
Downloads 400 (53,603)
Citation 6

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25.

Andrew Jackson and Presidential Power

UC Berkeley Public Law Research Paper No. 1158001
Number of pages: 52 Posted: 16 Jul 2008 Last Revised: 13 Aug 2008
John Yoo
University of California at Berkeley School of Law
Downloads 397 (46,480)
Citation 2

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Andrew Jackson, Presidency, Executive Power, Separation of Powers

26.

Challenges to Civilian Control of the Military: A Rational Choice Approach to the War on Terror

UCLA Law Review, Vol. 54, 2007, UC Berkeley Public Law Research Paper No. 1030761
Number of pages: 32 Posted: 20 Nov 2007
John Yoo and Glenn Sulmasy
University of California at Berkeley School of Law and U.S. Coast Guard Academy
Downloads 376 (48,636)
Citation 1

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civil-military relations, commander-in-chief, separation of powers, war on terror

27.

Thinking About Presidents

Cornell Law Review, Forthcoming, UC Berkeley Public Law Research Paper No. 810864, U of St. Thomas Legal Studies Research Paper No. 05-17
Number of pages: 27 Posted: 25 Oct 2005
Robert J. Delahunty and John Yoo
University of St. Thomas School of Law (Minnesota) and University of California at Berkeley School of Law
Downloads 360 (66,508)

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presidency, presidential power, separation of powers, leadership

28.

Fixing Failed States

UC Berkeley Public Law Research Paper No. 1552395
Number of pages: 43 Posted: 13 Feb 2010
John Yoo
University of California at Berkeley School of Law
Downloads 341 (63,123)

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Failed States, Intervention, U.N. Charter, Enforcement

29.

Peeking Abroad?: The Supreme Court's Use of Foreign Precedents in Constitutional Cases

University of Hawaii Law Review, 2004
Number of pages: 18 Posted: 06 Nov 2004
John Yoo
University of California at Berkeley School of Law
Downloads 330 (75,129)

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constitutional law, foreign law, Supreme Court

30.

Who's so Afraid of the Eleventh Amendment

Columbia Law Review, Vol. 105, 2005
Number of pages: 45 Posted: 06 May 2005
Jesse H. Choper and John Yoo
University of California at Berkeley School of Law and University of California at Berkeley School of Law
Downloads 318 (75,894)

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Eleventh Amendment, Sovereign Immunity, Federal Courts

31.

Jefferson and Executive Power

Boston University Law Review, Vol. 88, No. 2, 2008, UC Berkeley Public Law Research Paper No. 1133649
Number of pages: 37 Posted: 15 May 2008
John Yoo
University of California at Berkeley School of Law
Downloads 308 (74,091)

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Thomas Jefferson, presidential power, foreign affairs

32.

From Just War to False Peace

Chicago Journal of International Law, Forthcoming, U of St. Thomas Legal Studies Research Paper No. 12-42, UC Berkeley Public Law Research Paper No. 2050051
Number of pages: 46 Posted: 02 May 2012
John Yoo and Robert J. Delahunty
University of California at Berkeley School of Law and University of St. Thomas School of Law (Minnesota)
Downloads 274 (85,409)

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33.

George Washington and Executive Power

UC Berkeley Public Law Research Paper No. 1703014
Number of pages: 31 Posted: 06 Nov 2010
John Yoo
University of California at Berkeley School of Law
Downloads 274 (77,203)

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34.

Making War

Cornell Law Review, Vol. 92, 2007, U of St. Thomas Legal Studies Research Paper No. 07-32, UC Berkeley Public Law Research Paper No. 1015401
Number of pages: 44 Posted: 19 Sep 2007 Last Revised: 10 Aug 2008
Robert J. Delahunty and John Yoo
University of St. Thomas School of Law (Minnesota) and University of California at Berkeley School of Law
Downloads 270 (90,102)

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Law of war, war powers, constitutional interpretation, originalism

35.

The Puzzling Persistence of Process-Based Federalism Theories

Texas Law Review, June 2001
Number of pages: 74 Posted: 03 May 2001
Saikrishna Prakash and John Yoo
University of Virginia School of Law and University of California at Berkeley School of Law
Downloads 252 (93,690)
Citation 2

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36.

Counterintuitive: Intelligence Operations and International Law

Michigan Journal of International Law, Vol. 28, 2007, UC Berkeley Public Law Research Paper No. 1030763
Number of pages: 14 Posted: 20 Nov 2007
John Yoo and Glenn Sulmasy
University of California at Berkeley School of Law and U.S. Coast Guard Academy
Downloads 248 (89,764)

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intelligence, covert activity, terrorism

37.

Lincoln and Habeas: Of Merryman, Milligan, and McCardle

Chapman Law Review, Vol. 12, No. 3, pp. 1-29, 2009, UC Berkeley Public Law Research Paper No. 1505079
Number of pages: 29 Posted: 22 Nov 2009 Last Revised: 19 Dec 2009
John Yoo
University of California at Berkeley School of Law
Downloads 240 (98,530)

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38.

The Scope of the Commerce Clause After Morrison

UC Berkeley Public Law Research Paper No. 34
Number of pages: 22 Posted: 11 Jan 2001
Jesse H. Choper and John Yoo
University of California at Berkeley School of Law and University of California at Berkeley School of Law
Downloads 238 (103,155)

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39.

Great Power Security

Chicago Journal of International Law, 2009, U of St. Thomas Legal Studies Research Paper No. 09-10, UC Berkeley Public Law Research Paper No. 1401061
Number of pages: 20 Posted: 08 May 2009 Last Revised: 23 Dec 2009
Robert J. Delahunty and John Yoo
University of St. Thomas School of Law (Minnesota) and University of California at Berkeley School of Law
Downloads 236 (105,315)

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International law, international security, Security Council, United Nations, collective security, law of war, international conflict

40.

Unitary, Executive, or Both?

University of Chicago Law Review, Vol. 76, 2009, UC Berkeley Public Law Research Paper No. 1541583
Number of pages: 84 Posted: 26 Jan 2010
John Yoo
University of California at Berkeley School of Law
Downloads 218 (101,024)
Citation 1

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41.

Lincoln at War

38 Vermont Law Review, 2013, Forthcoming, UC Berkeley Public Law Research Paper No. 2350979
Number of pages: 64 Posted: 08 Nov 2013
John Yoo
University of California at Berkeley School of Law
Downloads 198 (107,104)

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Lincoln, Presidency, Executive Power, Civil War, Commander-in-Chief, Executive Power

42.

Choosing Justices

Michigan Law Review, 2000
Number of pages: 35 Posted: 26 Jul 2000
John Yoo
University of California at Berkeley School of Law
Downloads 198 (127,881)

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43.

Wartime Process: A Dialogue on Congressional Power to Remove Issues from the Federal Courts

California Law Review, Vol. 95, 2007, UC Berkeley Public Law Research Paper No. 975315
Number of pages: 54 Posted: 27 Mar 2007
Jesse H. Choper and John Yoo
University of California at Berkeley School of Law and University of California at Berkeley School of Law
Downloads 194 (128,523)
Citation 1

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federal courts, federal jurisdiction, terrorism, war, habeas corpus

44.

Foreign Affairs Federalism and the Separation of Powers

Villanova Law Review, Vol. 46, No. 5, 2001
Number of pages: 9 Posted: 21 Nov 2001
John Yoo
University of California at Berkeley School of Law
Downloads 187 (132,147)

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45.

A Return to Coercion: International Law and New Weapons Technologies

Hofstra Law Review, Forthcoming, George Mason Law & Economics Research Paper No. 14-28, UC Berkeley Public Law Research Paper No. 2462652
Number of pages: 42 Posted: 13 Jul 2014 Last Revised: 29 Aug 2014
Jeremy Rabkin and John Yoo
George Mason University School of Law and University of California at Berkeley School of Law
Downloads 147 (136,661)

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coercion, war, international law, cyberwar, drones, laws of war

46.

Saving Originalism

Michigan Law Review, Forthcoming, UC Berkeley Public Law Research Paper No. 2573510, U of St. Thomas (Minnesota) Legal Studies Research Paper No. 16-10
Number of pages: 34 Posted: 05 Mar 2015
Robert J. Delahunty and John Yoo
University of St. Thomas School of Law (Minnesota) and University of California at Berkeley School of Law
Downloads 140 (147,333)

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47.

Administration of War

Duke Law Journal, Vol. 58, p. 2277, 2009, UC Berkeley Public Law Research Paper No. 1479252
Number of pages: 35 Posted: 27 Sep 2009
John Yoo
University of California at Berkeley School of Law
Downloads 124 (180,419)

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Civil-Military relations, war power, removal power, administrative law

48.

Assassination or Targeted Killings after 9/11

New York Law School Law Review, Vol. 56, 2012, UC Berkeley Public Law Research Paper No. 2233689
Number of pages: 23 Posted: 15 Mar 2013
John Yoo
University of California at Berkeley School of Law
Downloads 123 (127,274)
Citation 1

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49.

Globalization and Structure

William & Mary Law Review, Vol. 53, 2011, Hofstra Univ. Legal Studies Research Paper No. 11-21, UC Berkeley Public Law Research Paper No. 1931123
Number of pages: 50 Posted: 21 Sep 2011
Julian Ku and John Yoo
Hofstra University - School of Law and University of California at Berkeley School of Law
Downloads 115 (184,813)

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globalization, constitutional structure, international law

50.

Peace Through Law? The Failure of a Nobel Experiment

Michigan Law Review, Vol. 106, 2008, U of St. Thomas Legal Studies Research Paper No. 18-17
Number of pages: 19 Posted: 14 May 2008 Last Revised: 17 Jul 2008
Robert J. Delahunty and John Yoo
University of St. Thomas School of Law (Minnesota) and University of California at Berkeley School of Law
Downloads 113 (196,612)

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International law, international security, collective security, law of war, international systems, war and peace

51.

Bond, the Treaty Power, and the Overlooked Value of Non-Self-Executing Treaties

Notre Dame Law Review, Vol. 90, 2015, Hofstra Univ. Legal Studies Research Paper No. 2015-03, UC Berkeley Public Law Research Paper No. 2591879
Number of pages: 25 Posted: 09 Apr 2015 Last Revised: 05 May 2015
Julian Ku and John Yoo
Hofstra University - School of Law and University of California at Berkeley School of Law
Downloads 33 (316,364)

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52.

Can the Government Prohibit Gay Marriage?

South Texas Law Review, Vol. 50, 2008
Number of pages: 20 Posted: 15 Mar 2013
Jesse H. Choper and John Yoo
University of California at Berkeley School of Law and University of California at Berkeley School of Law
Downloads 21 (398,226)

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53.

Presidential Authority to Revoke or Reduce National Monument Designations

Yale Journal on Regulation, Vol. 35, No. 2, 2018, UC Berkeley Public Law Research Paper
Number of pages: 31 Posted: 22 Jul 2017 Last Revised: 15 Aug 2017
Todd F. Gaziano and John Yoo
Pacific Legal Foundation and University of California at Berkeley School of Law
Downloads 0 (217,853)

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National Monuments, Antiquities Act, Presidency, Executive Power

54.

A Comparative Examination of Counter-Terrorism Law and Policy

Journal of Korean Law, Vol. 16, p. 91-144, December 2016, UC Berkeley Public Law Research Paper No. 2949078
Number of pages: 54 Posted: 20 Apr 2017
Laurent Mayali and John Yoo
University of California, Berkeley - School of Law and University of California at Berkeley School of Law
Downloads 0 (181,491)

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Terrorism, Security, Comparative Law, Courts, Legislation, United States, Europe, Constitution

55.

Embracing the Machines: Rationalist War and New Weapons Technologies

California Law Review, Vol. 105, 2017, UC Berkeley Public Law Research Paper No. 2936198
Number of pages: 57 Posted: 21 Mar 2017
John Yoo
University of California at Berkeley School of Law
Downloads 0 (146,587)

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56.

Questions for the Critics of Judicial Review

George Washington Law Review, Vol. 72, p. 354, 2003
Number of pages: 28 Posted: 24 Oct 2016
Saikrishna Prakash and John Yoo
University of Virginia School of Law and University of California at Berkeley School of Law
Downloads 0 (512,713)
Citation 1

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Judicial Review, Separation of Powers

57.

Against Interpretive Supremacy

Michigan Law Review, Vol. 103, p. 1539, 2005
Number of pages: 29 Posted: 24 Oct 2016
Saikrishna Prakash and John Yoo
University of Virginia School of Law and University of California at Berkeley School of Law
Downloads 0 (527,075)

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Popular Constitutionalism, Judicial Supremacy, Judicial Review, Separation of Powers

58.

People ≠ Legislature

Harvard Journal of Law and Public Policy, Vol. 39, No. 2, 2016, Virginia Public Law and Legal Theory Research Paper No. 2016-32, UC Berkeley Public Law Research Paper No. 2770182
Number of pages: 31 Posted: 27 Apr 2016 Last Revised: 24 May 2016
Saikrishna Prakash and John Yoo
University of Virginia School of Law and University of California at Berkeley School of Law
Downloads 0 (228,376)

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59.

Treaty Interpretation and the False Sirens of Delegation

California Law Review, Vol. 90, 2002
Posted: 19 Sep 2002
John Yoo
University of California at Berkeley School of Law

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60.

Treaties and Public Lawmaking: A Textual and Structural Defense of Non-Self-Execution

Columbia Law Review, Vol. 19, 1999
Posted: 12 Sep 2001
John Yoo
University of California at Berkeley School of Law

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61.

Clio at War: The Misuse Of History In The War Powers Debate

University of Colorado Law Review, Vol. 70, pp. 1169-1222, 1999
Posted: 28 May 2001
John Yoo
University of California at Berkeley School of Law

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62.

Politics as Law?: The Anti-Ballistic Missile Treaty, the Separation of Powers, and Treaty Interpretation

California Law Review, May 2001
Posted: 07 May 2001
John Yoo
University of California at Berkeley School of Law

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63.

Treaties and Public Lawmaking: A Textual and Structural Defense of Non-Self-Execution

UC Berkeley Public Law and Legal Theory Working Paper No. 99-6
Posted: 07 Oct 1999
John Yoo
University of California at Berkeley School of Law

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Globalism and the Constitution: Treaties, Non-Self-Execution and the Original Understanding

Columbia Law Review, Vol. 99, 1999
Posted: 12 Sep 2001
John Yoo
University of California at Berkeley School of Law

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Globalism and the Constitution: Treaties, Non-Self-Execution and the Original Understanding

UC Berkeley Public Law and Legal Theory Working Paper No. 99-5
Posted: 06 Oct 1999
John Yoo
University of California at Berkeley School of Law

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