Claire O. Finkelstein

University of Pennsylvania Carey Law School

Professor

3501 Sansom Street

Philadelphia, PA 19104

United States

  • University of Pennsylvania Carey Law School

    • Email
    • Tel: 215-898-5798
    • Fax: 215-573-2025
SCHOLARLY PAPERS

8

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Scholarly Papers (8)

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1.

A Contractarian Argument Against the Death Penalty

New York University Law Review, Vol. 81, p. 1283, 2006, U. of Penn. Law School, Pub. Law Research Paper No. 15
Number of pages: 48 Posted: 22 Nov 2002 Last Revised: 14 Jun 2011
Claire O. Finkelstein
University of Pennsylvania Carey Law School
Downloads 1,091 (35,012)

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Criminal Law, Jurisprudence, Death Penalty, Retribution, Deterrence, Social Contract

2.

Presidential Accountability and the Rule of Law: Can the President Claim Immunity If He Shoots Someone on Fifth Avenue?

University of Pennsylvania Journal of Constitutional Law, Vol. 24, Pg. 93, 2022, U of Penn Law School, Public Law Research Paper No. 22-18
Number of pages: 119 Posted: 24 Jul 2021 Last Revised: 17 Mar 2022
Claire O. Finkelstein and Richard W. Painter
University of Pennsylvania Carey Law School and University of Minnesota Law School
Downloads 552 (86,835)

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presidential immunity; indictment; investigation; federalism; accountability; rule of law; Department of Justice

3.

Introduction: Cyber and the Changing Face of War

in Cyber War: Law and Ethics for Virtual Conflicts (Jens David Ohlin, Kevin Govern and Claire Finkelstein eds., Oxford, 2015; pubd online Apr. 2015). , U of Penn Law School, Public Law Research Paper No. 15-20
Number of pages: 13 Posted: 27 Apr 2015 Last Revised: 18 Jul 2015
Claire O. Finkelstein and Kevin H. Govern
University of Pennsylvania Carey Law School and Ave Maria University - Ave Maria School of Law
Downloads 485 (101,862)

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cyberweapons, cyberwarfare, national security, cyber attack, causation, proximate cause, regulatory regimes, laws of war

4.

Should Bush Administration Lawyers Be Prosecuted for Authorizing Torture?

University of Pennsylvania Law Review (PENNumbra), Vol. 158, p. 195, 2010
Number of pages: 30 Posted: 22 Jun 2010
Claire O. Finkelstein and Michael W. Lewis
University of Pennsylvania Carey Law School and Ohio Northern University - Pettit College of Law
Downloads 281 (186,603)

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torture, Bush lawyers, Yoo, Bybee, torture memos, accountability, prosecution, coercion, interrogations, waterboarding

5.

Roundtable Discussion Transcript: The Legal and Ethical Limits of Technological Warfare Symposium, February 1, 2013, University of Utah, S.J. Quinney College of Law

Utah Law Review, Vol. 2013, P. 1321, University of Utah College of Law Research Paper, U of Penn Law School, Public Law Research Paper No. 14-12, Emory Legal Studies Research Paper No. 14-285
Number of pages: 36 Posted: 02 Mar 2014 Last Revised: 21 Sep 2016
Amos N. Guiora, Harry Soyster, David Irvine, Geoffrey S. Corn, James Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison and Frederic Megret
University of Utah - S.J. Quinney College of Law, Defense Intelligence Agency, United States Army Brigadier General (Ret.); former Deputy Commander for the 96th Regional Readiness Command, Texas Tech University School of Law, The Heritage Foundation, University of Pennsylvania Carey Law School, Emory University School of Law, Columbia Law School, United States Naval Academy, New York University School of Law and McGill University - Faculty of Law
Downloads 196 (263,815)

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Drone, Technological Warfare, Targeted Killing, Ethics, Terrorism, Yemen, Pakistan, Afghanistan, Counter-Terrorism, Intelligence, Law, Limits, Due Process, Rights, Citizens, American, Missile, Strike, War, AUMF, Battle, Conflict, Court, Judicial, Oversight, President, Congress

6.

Restoring the Rule of Law through Department of Justice Reform

In Overcoming Trumpery: How to Restore Ethics, the Rule of Law, and Democracy (Norman Eisen ed., Brookings 2022), U of Penn Law School, Public Law Research Paper No. 22-21
Number of pages: 58 Posted: 23 Feb 2022 Last Revised: 16 Mar 2022
Claire O. Finkelstein and Richard W. Painter
University of Pennsylvania Carey Law School and University of Minnesota Law School
Downloads 109 (422,946)

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Department of Justice; Rule of Law; Bell-Levi Reforms; Office of Legal Counsel; Obstruction of Justice

7.

'You're Fired': Criminal Use of Presidential Removal Power

U of Penn Law School, Public Law Research Paper No. 23-16
Number of pages: 100 Posted: 06 Oct 2022 Last Revised: 12 May 2023
Claire O. Finkelstein and Richard W. Painter
University of Pennsylvania Carey Law School and University of Minnesota Law School
Downloads 106 (431,464)

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Executive Authority; Removal Power, Article II, Presidential Privilege

8.

The Status of State and Nonstate Actors in Postwar Hostilities: Restoring the Rule of Law to US Targeted Killing Operations

Vanderbilt Journal of Transnational Law, Vol. 54, p. 1163, 2021, U of Penn Law School, Public Law Research Paper No. 22-20
Number of pages: 41 Posted: 19 Feb 2022 Last Revised: 25 Feb 2022
Claire O. Finkelstein
University of Pennsylvania Carey Law School
Downloads 27 (817,040)

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Targeted Killing; Qassim Soleimani; Law of Armed Conflict; state actors; International Armed Conflict