A. Books and Monographs
Safe at Home? The American Military on American Soil. Harvard University Press. Forthcoming 2014 (with Stephen Dycus).
Shaping a Global Legal Framework for Counterinsurgency: New Directions in Asymmetric Warfare. Editor. Oxford University Press (with chapter contributed by Banks). 2012.
Counterterrorism Law, Aspen Publishing, 2nd Edition. 2012. (with Stephen Dycus and Peter Raven-Hansen).
Constitutional Law: Structure and Rights in Our Federal System, 6th Edition. 2010 (with Rodney Smolla). Supplement 2012.
National Security Law, 5th Edition. Aspen Publishing. 2011 (with Stephen Dycus and Peter Raven-Hansen). Supplement 2012.
New Battlefields/Old Laws: Critical Debates from the Hague Convention to Asymmetric Warfare. Columbia University Press. 2011 (edited volume, two chapters contributed).
(nominated for the American Bar Association Silver Gavel Award)
National Security Law. Aspen Publishing. 2007. 2009-2010 Supplement ( 2009). 2010-2011 Supplement (2010) (with Stephen Dycus and Peter Raven-Hansen).
Combating Terrorism. CQ Press. 2008 (with Mitchel Wallerstein and Renee de Nevers).
Reviewed by Michael Thomas, 6 J. Homeland Security and Emergency Management:p 1. 2009.
National Security Law, Fourth Edition, 2007; Teacher’s Manual. 2008. Aspen Publishing (with Dycus, Berney & Raven-Hansen).
Counterterrorism Law. Aspen Publishing. 2007 (with Stephen Dycus and Peter Raven-Hansen).
Constitutional Law: Structure and Rights in Our Federal System, Fifth Edition. 2005; Annual Supplement 2009; Annual Supplement 2008; Annual Supplement 2007; Annual Supplement 2006. Lexis Publishing (with D. Braveman and R. Smolla).
National Security Law, Third Edition, 2002; Teacher’s Manual 2003; 2005-2006 Supplement; 2004-2005 Supplement; 2003-2004 Supplement Aspen Publishers (with Dycus & Raven-Hansen).
Constitutional Law: Structure and Rights in Our Federal System, Fourth Edition. 2000; Annual Supplement 2004; Annual Supplement 2003; Annual Supplement 2002; Annual Supplement 2001 Matthew Bender & Co. (with D. Braveman and R. Smolla).
Constitutional Law: Structure and Rights in Our Federal System, Third Edition, 1996; Annual Supplement 1999; Annual Supplement 1998; Annual Supplement 1997. Matthew Bender & Co. (with D. Braveman and R. Smolla).
National Security Law, Second Edition 1997; Teacher’s Manual 1997. Little Brown & Co. (with S. Dycus, A. Berney and P. Raven-Hansen).
National Security Law and the Power of the Purse. Oxford University Press. 1994 (with P. Raven-Hansen). Reviewed by Spiro, 37 Wm. & Mary L. Rev. 723 (1996).
Constitutional Law: Structure and Rights in Our Federal System., Second edition. 1991; Annual Supplement 1995; Annual Supplement 1994; Annual Supplement 1993; Annual Supplement 1992. Matthew Bender & Co. (with D. Braveman & R. Smolla).
National Security Law. 1990; Teacher’s Manual 1991. Little Brown & Co. (with S. Dycus, A. Berney, P. Raven-Hansen). Reviewed by Firmage, 59 Geo. Wash. L. Rev. 1684 (1991); Cronin, Bimonthly Rev. of L. Books 20, Sept.- Oct. 1990.
Constitutional Law: Structure and Rights in our Federal System, 1987; Teacher’s Guide, 1987; Annual Supplement 1990; Annual Supplement 1989; Annual Supplement 1988. Matthew Bender Co. (with D. Braveman).
B. Articles and Chapters
“The Role of Counterterrorism Law in Shaping Ad Bellum Norms for Cyber Warfare.” Naval War College Law Review (Bluebook). Forthcoming 2013.
“Perpetual Peace: Kant’s Rules for Warfare in the Contemporary World.” In Perpetual Peace: Re-Drafting Kant’s 1795 Essay for the Contemporary World. Edited by Rosi Braidotti and Greg Lambert. Forthcoming 2013.
“Regulating Drones: Military Law and CIA Practice and the Shifting Challenges of New Technologies.” In Drones and the Promise of Law: How Advances in Military Technology are Transforming Armed Conflict and Challenging Policy and Practice. Edited by Peter Bergen and Daniel Rothenberg. Cambridge University Press. Forthcoming 2013.
“A Brief History of the Field of National Security Law.” In National Security Law: Fifty Years of Transformation: An Anthology. Jill D.Rhodes, Editor. ABA Standing Committee on Law and National Security 50th Anniversary. 2012.
“New Battlefields/Old Laws: Shaping a Legal Environment for Counterinsurgency.” 105 ASIL Proc. 214 2012.
“Shadow Wars.” 5 J. Nat’l Security L. & Pol’y, pp. 315-318, 2012.
“Exceptional Courts in Counterterrorism: Lessons from the Foreign Intelligence Surveillance Act (FISA).” In Guantanamo and Beyond: Exceptional Courts and Military Commissions in Comparative and Policy Perspective. Gross, Oren and Ni Aolain Fionnuala, editors. Cambridge University Press. Cambridge, UK. 2012.
“United States Response to September 11.” In Global Anti-Terrorism Law and Policy, 2nd edition. Victor Ramraj, Michael Hor, and Kent Roach, eds. Cambridge University Press, 2012 (first published in 2005).
“Programmatic Surveillance and FISA – Of Needles in Haystacks.” 88 Texas Law Review 1633 (2010).
(Reprinted in library reference book, Current Controversies: Espionage and Intelligence. Cengage Learning. 2012.)
“The Legal Landscape for Emergency Management in the United States.” National Security Studies Policy Paper. New America Foundation, Washington, DC, 2011.
“Forward.” In Making Sense of Proxy Wars. Michael Innes. Potomac Books, Inc. (2011)
“New Battlefields/Old Laws.” In The Global Impact of Terrorism 2008. Dr. Boaz Ganor and Dr. Eitan Azani, editors. The International Institute for Counter-Terrorism, The Interdisciplinary Center Herzliya, Israel. (2010)
Introduction. Cybersecurity Symposium: National Leadership, Individual Responsibility. 4 J. National Security Law & Policy. 7 (2010).
“Who’s in Charge: The Role of the Military in Disaster Response.” In Disaster Law. Farber and Faure, ed. Edward Elgar Publishing, Ltd, UK. 2010
“Terror and Consent: The Long View.” Bobbitt Symposium. 37 Syracuse J. Int’l L & Com ( 2010).
“Is the FISA Amendments Act of 2008 good policy? Is it constitutional?” Journal of the National Security Forum Vol. 35. 5007. William Mitchell College of Law. 2009.
“Smart Counterterrorism.” Criminology and Public Policy. Vol 8. 593. ( 2009).
“Closing Guantanamo and Redirecting the U.S. Ship of State.” Journal of Parliamentary and Political Law. Vol III. 1. (2009).
“Providing ‘Supplemental Security’- The Insurrection Act and the Military Role in Responding to Domestic Crises.” 3 J. National Security Law & Policy 39. ( 2009).
“Uniting & Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act).” In Encyclopedia of Privacy., Vol. 2. William G. Staples, Ed.. Westport, CT: Greenwood Press: 583. 2007.
“Legal Sanctuaries and Predator Strikes in the War on Terror.” In Denial of Sanctuary: Understanding Terrorist Safe Havens. Edited by Michael Innes. Westport, CT: Praeger Press: 112 (2007).
“The Death of FISA.” 91 Minnesota L. Rev. Issue 5, 1209 (2007).
“A Second Nuclear Age?” Introduction to symposium, “A Nuclear Iran: The Legal Implications of a Preemptive National Security Strategy.” 57 Syracuse L. Rev. 3, 429 (2007).
“Who’s in Charge: The Role of the Military in Disaster Response.” 26 Mississippi C. L. Rev. (2007).
“If Men Were Angels: NSA Eavesdropping and the Fourth Amendment.” National Security Law Report. Published by the American Bar Association Standing Committee on Law and National Security. Vol. 26, No. 2, March 2006.
“NSA Eavesdropping and the Fourth Amendment.” The Jurist, University of Pittsburgh School of Law, March 2006.
“Mold, Mildew, and the Military Role in Disaster Response.” The Jurist, University of Pittsburgh School of Law, October 17, 2005.
“Teaching and Learning about Terrorism.” Journal of Legal Education, Association of American Law Schools, Georgetown University Law Center. Vol. 55: 35-41. May/June 2005.
“United States Response to September 11.” Global Anti-Terrorism Law and Policy, Victor Ramraj, Michael Hor, and Kent Roach, eds. Cambridge University Press, 2005.
“Terrorism in Argentina: Government as its Own Worst Enemy.” Global Anti-Terrorism Law and Policy. Victor Ramraj, Michael Hor, and Kent Roach, eds., Cambridge University Press, 2005 (with A. Carrio).
“The Phantom Agent.” National Security Studies Case Series,. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul Nitze School of Advanced International Studies of Johns Hopkins University, 2005.
“Peacekeeping in Bosnia.” In Terrorism and Peacekeeping: New Security Challenges. Volker Franke, ed. Greenwood Press, 2004 (with J. Straussman).
“To Prevent and Deter International Terrorism.” In Terrorism and Peacekeeping: New Security Challenges. Volker Franke, ed. Greenwood Press, 2004.
“The Predator” In Terrorism and Peacekeeeping: New Security Challenges. Volker Franke, ed. Greenwood Press, 2004).
“The Normalization of Homeland Security After September 11: The Role of the Military in Counterterrorism Preparedness and Response,” 64 L.S.U. L. Rev. 735, 2004.
“General Warrants.” In Encyclopedia of American Civil Liberties. Routledge Publishing, 2004.
“The Role of the Courts in Time of War.” Syndicus Magazine, Syracuse University College of Law, 2003; reprinted in 14 The Intelligencer, Journal of U.S. Intelligence Studies 35, 2004.
“And the Wall Came Tumbling Down: Secret Surveillance After the Terror.” 57 U. Miami L. Rev. 1147, 2003.
“Foreign Intelligence Surveillance Act.” In Major Acts of Congress. Brian Landsberg, ed. Macmillan Reference USA, 2003.
“The Predator.” National Security Studies Case Series. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul Nitze School of Advanced International Studies of Johns Hopkins University, 2003.
“Targeted Killing and Assassination: The U.S. Legal Framework.” 37 U. Richmond L. Rev. 667, 2003(with P. Raven-Hansen).
“Troops Defending the Homeland: The Posse Comitatus Act and the Legal Environment for a Military Role in Domestic Counter Terrorism.” 14:3 Terrorism and Political Violence 1-41. Autumn 2002.
“Dangerous Prisoner: The Threat of Bioterrorism in the U.S.” National Security Studies Case Series. Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul N. Nitze School of Advanced International Studies of Johns Hopkins University, 2002.
“How We Uncover Their Plots: Laws for Keeping Tabs on Terrorists Draw Difficult Lines.” Legal Times. September 17, 2001.
“Executive Authority for National Security Surveillance.” 50 American U. L. Rev. 1. 2001 (with M.E. Bowman).
"Trolling for Terrorists: New Report Outlines Surveillance Authorities." 22 American Bar Ass'n National Security Law Report 10. 2001.
“A Comparison of Enforcement of Administrative Agency Rules and Orders in China and the United States.” The Study on Administrative Law, No. 1, 2001 (with R. Goldsmith and G. Xue).
“The Integration of Theory and Practice in Teaching Structural Issues in Constitutional Law.” 17 Constitutional Commentary 361, 2000 (with D. Braveman).
“The 'L.A. Eight' and Investigation of Terrorist Threats in the United States.” 31 Col. Hum. Rights L. Rev. 479. 2000.
“A New Imperial Presidency? Insights from United States Involvement in Bosnia.” In The New American Interventionism: Lessons from Successes and Failures. Columbia University Press: 39-61. 1999 (with J. Straussman).
“The U.S. Administrative Procedure Act (APA): History, Implementation, and Selected Contemporary Problems.” In Third Annual East Asia Conference on Administrative Law, Papers and Proceedings. Shanghai, China, 1999 (with Richard Goldsmith).
"The Devil and the Demon: The Threat of Bioterrorism in the U.S." National Security Studies Case Series, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1999).
"To Prevent and Deter International Terrorism: The U.S. Responses to the Kenya and Tanzania Embassy Bombings." National Security Studies Case Series, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1999).
Book Review, “Still the Imperial Presidency?” Christopher May, Presidential Defiance of ‘Unconstitutional’ Laws (1998), Jurist, Books-on-Law (February 1999) (http://jurist.law.pitt.edu/lawbooks/reviews.htm).
“Defense Contingency Budgeting in the Post-Cold-War World,” Public Administration Review, Vol. 59 No. 2. March/April 1999 (with J. Straussman).
“A New Imperial Presidency: Lessons from United States Involvement in Bosnia.” Political Science Quarterly.
Vol. 114, Summer 1999 (with J. Straussman).
"Peacekeeping in Bosnia," National Security Studies Case Series, Maxwell School of Citizenship and Public Affairs of Syracuse University & Paul H. Nitze School of Advanced International Studies of Johns Hopkins University (1997)(with J. Straussman).
Book Review. Louis Fisher, Presidential War Power (1996), The Annals of the American Academy of Political and Social Science (1997).
"The Legacy of Lopez: CERCLA and the Commerce Clause." 32 Chem. Waste Lit. Rptr. 224. July, 1996.
"From Vietnam to Desert Shield: The Commander in Chief's Spending Power." 81 Iowa L. Rev. 79. 1995 (with P. Raven-Hansen).
"The Impact of Lopez v. United States: Is Environmental Regulation Limited by the Commerce Clause?" 5 EPA Adm. L. Rptr. 780. (1995)
"At the Halfway Point: Supreme Court Report." 81 ABA Journal 50 (April 1995).
"Pulling the Pursestrings of the Commander in Chief." 80 U. Va. L. Rev. 833 (1994) (with P. Raven-Hansen).
"Presidential Systems in Stress: Emergency Powers in Argentina and the United States." 15 Mich. J. Int'l. L. 1(1993)(with Alejandro Carrio).
"The Treaty Power in the Supreme Court." (Chapter in the Oxford U. Press Oxford Companion to the Supreme Court (1992).
"The New Colombian Constitution, Democratic Victory or Popular Surrender?" 23 Inter-American L. Rev. 39 (1991) (with E. Alvarez).
"While Congress Slept: The Iran-Contra Affair and Institutional Responsibility for Covert Operations." 14 Syracuse Journal of International Law and Commerce 291 (1988).
"State Workers' Compensation at Federal Facilities: A Classic Federalism Struggle." 7 Preview of United States Supreme Court cases 207 (1988).
"The Constitutional Role of a Congressional Leadership Committee." Chapter in First Use of Nuclear Weapons, (P. Raven-Hansen, ed. 1987).
"Bowsher v. Synar: An Emerging Judicialization of the Fisc." 28 Boston College Law Review 659 (1987) (with J. Straussman).
"When They Get Close to the Truth: Challenging the Special Prosecutors." 37 Syracuse University Law Review 623 (1987).
"On Teaching Constitutional Law." Law School Report . Matthew Bender Co. 1987 (with D. Braveman).
"After One Hundred Years: A New First-Year Course Is Needed." Syndicus, Syracuse University College of Law, Vol. 26 No. 3 (Spring 1986).
"First Use of Nuclear Weapons: The Constitutional Role of a Congressional Leadership Committee." 13 Journal of Legislation 1 (1986).
"Federalism Disserved: The Drive for Deregulation." 45 Maryland Law Review 101 (1986) (with K. Lewis).
"Institutional Responsibility: Environmental Values in the Supreme Court." 15 Land Use and Environment Law Review (1984), reprint (with Richard Goldsmith) (selected from a juried competition of more than 200 articles as one of 10 to be reprinted).
"The Legislative Veto and Efficiency: Separation of Powers Reexamined." 35 Syracuse University Law Review 715 (1984).
"Conservation, Federalism and the Courts: Limiting the Judicial Role." 34 Syracuse University Law Review 685 (1983).
"Institutional Responsibility: Environmental Values in the Supreme Court." 7 Harvard Environmental Law Review 1 (1983) (with Richard Goldsmith).
"Myth and Reality in Federalism Decisions." The Judge, Vol. 19, No. 5. Syracuse University College of Law. (November 1982).
"EPA Bends to Industry Pressure on coal NSPS - and Breaks." 9 Ecology Law Quarterly 67-117 (1980).
Book Review. Ed. Stobaugh and Yergin. Energy Future and the Politics of Energy (Commoner), 10 California Western International Law Journal: 157-185 (1980) (with Richard Goldsmith).
"Energy Planning - Getting Through the 1980's." Syndicus, Syracuse University College of Law, Vol. 24, No. 1 (Winter 1980) (with Richard Goldsmith).
Law Library
