The assault on international law

Machine generated contents note:

PROLOGUE: DRAMATIS PERSONAE

1. The Office of Legal Counsel

2. The Emergence of the New Realists

3. Conclusion

CHAPTER ONE: GAMING THE FEDERAL COURTS

1. The Erie Doctrine 2.0

2. The Filartiga Era: Enforcing International Law at Home

3. Filartiga's Demise, Parochialism's Rise

4. The New Realists go to Washington

5. International Law as Interpretive Guidance

6. Conclusion

CHAPTER TWO: PRESIDENTS AND LEVIATHANS

1. Public Opinion and Law

2. Presidential Power: The New Realist's Normative Argument

3. Democratic Decision-making versus Schmittology

4. Executive Action During Emergencies

5. Why Schmittian Administrative Law is Not Inevitable

6. Conclusion

CHAPTER THREE: THE ATTACK: MISUNDERSTANDING RATIONALITY

1. The Game Theory Game

2. The Prisoner's Dilemma and Nash Equilibrium

3. Law and Self-Interest

4. Objections to the Moral Obligation of States

CHAPTER FOUR: SOLVING THE PRISONER'S DILEMMA OF INTERNATIONAL LAW

1. The Toxin Puzzle and Taking the Long View

2. The Deterrence Paradox and the Limits of Follow-Through

3. Assurances and Cooperation

4. Why the New Realists Fail to Understand Rationality

5. Rationality and Obligation

CHAPTER FIVE: WAR AS COOPERATION

1. War as Cooperation

2. Who can be Targeted? Combatants, Civilians, and CCFers

3. Geographical Constraints on Armed Conflict

4. Co-Applying the Laws of War with Human Rights

CHAPTER 6: REENGAGING INTERNATIONAL INSTITUTIONS

1. Global Legalism vs. Rational Choice: A False Dichotomy

2. Does Globalization Need Taming?

3. The United Nations

4. The International Court of Justice

5. The International Criminal Court.

Gaming the federal courts

Presidents and leviathans

The attack : misunderstanding rationality

Solving the prisoner's dilemma of international law

War as cooperation

Reengaging international institutions.