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Taming Globalization: International Law, the U.S. Constitution, and the New World Order 1st Edition
| Julian Ku (Author) Find all the books, read about the author, and more. See search results for this author |
| John Yoo (Author) Find all the books, read about the author, and more. See search results for this author |
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As Julian Ku and John Yoo show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's
power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation.
Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate.
- ISBN-100199837422
- ISBN-13978-0199837427
- Edition1st
- PublisherOxford University Press
- Publication dateMarch 8, 2012
- LanguageEnglish
- Dimensions9.4 x 1.1 x 6.4 inches
- Print length280 pages
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Editorial Reviews
Review
"This splendid book gives a comprehensive statement of a jurisprudence of democratic constitutional sovereignty in the United States, even in a globalizing world, against liberal internationalism and its efforts to rewrite American law as a regulatory sub-branch of globalization. It goes well beyond a re-statement of democratic sovereignty, however, to offer new arguments that are sure to be debated sharply among foreign relations and federalism scholars of all kinds, a vigorously argued claim of the role of individual states in implementing and interpreting international law."
--Ken Anderson, Professor of Law, American University
"In their provocative new book, John Yoo and Julian Ku vigorously defend the primacy of the U.S. Constitution in every area of globalization-trade, treaties and more. Yes, the U.S. often must cooperate with other countries to tackle global problems but it must do so in line with Constitutional principles. Their arguments are compelling, their prose is vigorous, and their analysis is often surprising."
--Melanie Kirkpatrick, Senior Fellow, Hudson Institute, and former deputy editorial page editor, The Wall Street Journal.
"With nuance and clarity, John Yoo and Julian Ku develop ideas about how domestic U.S. actors can account for international law in a way that is consistent with popular sovereignty under the Constitution. This should be essential reading for senators and their staffers who have to consider whether to ratify treaties only if they are non-self-executing, for judges and their clerks who have to choose when to refer to foreign laws and when not to do so, and for officials who have to decide when to obey or disobey customary international law. This book stands to shift debates among scholars from tired fights about whether or not international law is really 'law' to more a useful discussion about what decisionmakers ought to do in pressing international legal problems."
--Tai-Heng Cheng, Professor of Law and Co-Director, Institute for Global Law, Justice, & Policy at New York Law School
"The book offers a strong critique of transnationalist claims and advances a defense of US constitutional and political sovereignty...the book provides a carefully constructed argument."
--CHOICE, M.F. Cairo, Transylvania University
About the Author
Julian Ku is Professor of Law at Hofstra University Law School. Before joining the Hofstra faculty in 2002, Professor Ku served as a law clerk to Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit, and as an Olin Fellow and Lecturer in Law at the University of Virginia Law School. Professor Ku has also been a visiting professor at the College of William & Mary Marshall-Wythe School of Law, and was the Fulbright Distinguished Lecturer in Law at East China University of Political Science and Law in Shanghai, China. Professor Ku received his J.D. from Yale Law School.
John Yoo is Professor of Law at the University of California-Berkeley's Boalt Hall Law School. From 2001 to 2003 he served as Assistant Attorney General in the U.S. Justice Department's Office of Legal Counsel. He has also served as a Visiting Scholar at the American Enterprise Institute since 2003 and as General Counsel for the U.S. Senate's Judiciary Committee. Professor Yoo received his J.D. from Yale Law School and clerked for U.S. Supreme Court Justice Clarence Thomas.
Product details
- Publisher : Oxford University Press; 1st edition (March 8, 2012)
- Language : English
- Hardcover : 280 pages
- ISBN-10 : 0199837422
- ISBN-13 : 978-0199837427
- Item Weight : 1.11 pounds
- Dimensions : 9.4 x 1.1 x 6.4 inches
- Best Sellers Rank: #3,594,913 in Books (See Top 100 in Books)
- #1,087 in Constitutional Law (Books)
- #2,530 in Foreign & International Law
- #3,778 in Globalization & Politics
- Customer Reviews:
About the authors

John Yoo is Emanuel S. Heller Professor of Law at the University of California, Berkeley. He is also a visiting fellow at the Hoover Institution, Stanford University and a nonresident senior fellow at the American Enterprise Institute. He is co-host of the Lawtalk podcast on the Ricochet network (with Richard Epstein and Troy Senik) and the Pacific Century podcast at the Hoover Institution (with Misha Auslin).
Yoo clerked for Justice Clarence Thomas of the U.S. Supreme Court. He served as general counsel of the U.S. Senate Judiciary Committee from 1995-96. From 2001 to 2003, he served as a deputy assistant attorney general in the Office of Legal Counsel at the U.S. Department of Justice, where he worked on issues involving foreign affairs, national security and the separation of powers.
He received his B.A., summa cum laude, in American history from Harvard University. Between college and law school, he worked as a newspaper reporter in Washington, D.C. He received his J.D. from Yale Law School, where he was an articles editor of the Yale Law Journal.
Yoo has published articles about foreign affairs, international law and constitutional law in the nation's leading law journals. He has also contributed to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, Chicago Tribune, and the Philadelphia Inquirer.

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Nice try, Mr. Chickenhawk.

