Taming Globalization

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 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.

• Preface ; Foreword ; Introduction ; Chapter 1: Globalization and the Constitution ; Chapter 2: Globalization and Sovereignty ; Chapter 3: Globalization and Structure ; Chapter 4: Non-Self-Execution ; Chapter 5: Presidents and Customary International Law ; Chapter 6: Globalization and Constitutional Controversy ; Chapter 7: Foreign Law and the Constitution ; Conclusions

"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 ofall 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 forofficials 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