Taming Globalization - Faculty Book Podcast
Faculty Division Podcast 06-06-12 featuring Julian Ku and Martin Flaherty
Faculty Division Podcast 06-06-12 featuring Julian Ku and Martin Flaherty
Taming Globalization discusses the challenge to American constitutional law that arises out of our increasingly global society. The creation of dozens of international institutions, from the International Court of Justice to border commissions to the World Trade Organization, has given rise to a legal network that poses a challenge for American constitutional law. In response to this challenge, Julian Ku and John Yoo propose that domestic actors make use of “mediating devices” such as non-self-execution of treaties, recognition of the President’s authority to interpret international law, and a reliance on state implementation of international law and agreements. These devices, the authors argue, will help us resolve the legal challenges of globalization in a way that minimizes both constitutional and international difficulties.
Julian Ku, a professor at Hofstra University School of Law, is joined by critical commenter Martin Flaherty, the Leitner Family Professor of Law and Co-Founding Director of the Leitner Center for International Law and Justice at Fordham Law School, to discuss the book.
Maurice A. Deane Distinguished Professor of Constitutional Law and Faculty Director of International Programs, Hofstra University School of Law
Professor Ku’s primary research interest is the relationship of international law to constitutional law. He has also conducted academic research on a wide range of topics including international dispute resolution, international criminal law, and China’s relationship with international law. He teaches courses such as U.S. constitutional law, U.S. foreign affairs law, transnational law, and international trade and business law. Since 2014, he has served as the faculty director of international programs, overseeing Hofstra Law’s study abroad, exchange and LL.M. programs. Professor Ku also teaches Constitutional Law in our online degree programs: Master of Laws in American Law and Master of Arts in American Legal Studies. He has also been selected as the John DeWitt Gregory Research Scholar and as a Hofstra Law Research Fellow. He is a member of the American Law Institute.
He is the co-author, with John Yoo, of Taming Globalization: International Law, the U.S. Constitution, and the New World Order (Oxford University Press 2012). He also has published more than 40 law review articles, book chapters and symposia essays. He has given dozens of academic lectures and workshops at major universities and conferences in the United States, Europe and Asia.
He co-founded the leading international law weblog Opinio Juris, which is read daily by thousands worldwide. His essays and op-eds have been published in major news publications such as the Wall Street Journal, the Los Angeles Times, and the NYTimes.com. He has been frequently interviewed for television news programs and quoted in print and electronic media. He has also signed or submitted amicus briefs to national and international courts and served as an expert witness in both domestic and international proceedings.
Before joining the Hofstra Law faculty, Professor Ku served as a law clerk to the Honorable Jerry E. 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 also practiced as an associate at the New York City law firm of Debevoise & Plimpton, specializing in litigation and arbitration arising out of international disputes. He has been a visiting professor at the College of William & Mary Marshall- Wythe School of Law in Williamsburg, Virginia; a Fulbright Distinguished Lecturer in Law at East China University of Political Science and Law in Shanghai, China; and a Taiwan Fellow at National Taiwan University in Taipei, Taiwan. He is a member of the New York Bar and a graduate of Yale College and Yale Law School.
Visiting Professor of Public and International Affairs, Charles and Marie Robertson Visiting Professor, Princeton School of Public and International Affairs
Martin S. Flaherty is a longtime is Visiting Professor at the Princeton School of Public and International Affairs, where he was Fellow in the Program in Law and Public Affairs. He is also Leitner Family Professor of International Human Rights Law and Founding Co-Director of the Leitner Center for International Law and Justice at Fordham Law School. Professor Flaherty also currently teaches at Columbia Law School and Barnard College. Previously he has taught at China University of Political Science and Law and the National Judges College in Beijing, Sungkyunkwan University in Seoul, Queen’s University Belfast. Professor Flaherty earlier served as a law clerk for Justice Byron R. White of the U.S. Supreme Court and Chief Judge John Gibbons of the U.S. Court of Appeals for the Third Circuit.
Flaherty received a J.D. from Columbia Law School, where he was Book Reviews and Articles Editor of the Columbia Law Review, an M.A. and M.Phil., with distinction, from Yale (in history), and B.A. summa cum laude from Princeton. For the Leitner Center, Human Rights First, and the New York City Bar Association, he has led or participated in human rights missions to Northern Ireland, Turkey, Hong Kong, Mexico, Malaysia, Kenya, Romania and China. Professor Flaherty is currently the President of the American Association of the International Commission of Jurists, https://www.aaicj.org, a member of the Council on Foreign Relations, and a legal expert advisor at the Sixth Committee of the United Nations General Assembly.
Flaherty’s scholarly publications focus upon international human rights, foreign affairs, and constitutional law and history, and appear in such journals as the Columbia Law Review, the Yale Law Journal, the Michigan Law Review, the University of Chicago Law Review, Constitutional Commentary, the Harvard Journal of Law and Policy, and the Harvard Human Rights Journal. He has written, appeared, or been quoted in The New York Times, The Washington Post, The New Yorker, The Boston Globe, The Daily News, Newsday, the PBS Newshour, CNN, MSNBC, and NPR. He is also the author of the Restoring the Global Judiciary: Why the Supreme Court Should Rule in Foreign Affairs (Princeton University Press, 2019).