University of California, Berkeley
Boalt Hall School of Law
890 Simon Hall
Berkeley, CA 94720
Phone: (510) 643-5089
Fax: (510) 642-3728

Recent Articles
Professional Activities


Office Information

For Fall 2006, Professor Yoo is teaching International Civil Litigation. Office hours are Monday from 10-12 and 2-4. Appointments may also be made by e-mail.


John Yoo is a professor of law at the University of California at Berkeley School of Law (Boalt Hall), where he has taught since 1993. From 2001-03, he served as a deputy assistant attorney general in the Office of Legal Counsel of the U.S. Department of Justice, where he worked on issues involving foreign affairs, national security, and the separation of powers. He served as general counsel of the U.S. Senate Judiciary Committee from 1995-96, where he advised on constitutional issues and judicial nominations.

Professor Yoo received his B.A., summa cum laude, in American history from Harvard University. In law school, he was an articles editor of the Yale Law Journal. He clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals of the District of Columbia Circuit. He joined the Boalt faculty in 1993, and then clerked for Justice Clarence Thomas of the U.S. Supreme Court.

Professor Yoo was a visiting professor at the University of Chicago Law School in 2003 and at the Free University of Amsterdam in 1998. In 2006, Professor Yoo held the Distinguished Fulbright Chair in Law at the University of Trento (Italy). He has received fellowships from the Olin Foundation (for work on treaties and constitutional law) and the Rockefeller Foundation (for a book on the effects of globalization on American constitutional law). He has received the Bator Award for excellence in legal scholarship and teaching from the Federalist Society.

Professor Yoo has published articles on foreign affairs, national security, and constitutional law . He is the author of The Powers of War and Peace: Foreign Affairs and the Constitution after 9/11 (University of Chicago Press, 2005) and the forthcoming War by Other Means: An Insider's Account of the War on Terror (Atlantic Monthly Press, 2006).


Current Position
Professor of Law, 1999-present
Acting Professor of Law, 1993-99

Director, Advanced Law Program (LL.M and J.S.D. degree programs), 2004-present.

Yale Law School, J.D. 1992
Harvard College, A.B. 1989, summa cum laude, American History


Distinguished Fulbright Chair in Law, University of Trento (Italy), 2006.

Visiting Scholar, American Enterprise Institute, 2003-present.

Visiting Professor, University of Chicago Law School, 2003.

Office of Legal Counsel, United States Department of Justice, 2001-03.

Judiciary Committee, United States Senate
General Counsel, 1995-96

Justice Clarence Thomas, United States Supreme Court
Law clerk, 1994-95

Judge Laurence Silberman, U.S. Court of Appeals, D.C. Circuit
Law clerk, 1992-93

Recent Articles

Rational War and Constitutional Design , __ Yale L.J. __ (forthcoming 2006) (with Jide Nzelibe).

Courts at War, 91 Cornell L. Rev. 573 (2006)

Who’s So Afraid of the Eleventh Amendment? 105 Colum. L. Rev. 213 (2006) (with Jesse Choper)

Thinking About Presidents , 90 Cornell L. Rev. 1153 (2005) (with Robert Delahunty)

Foreign Competence: Formalism, Functionalism, and the Alien Tort Statute, 2004 S. Ct. Rev. 153 (with Julian Ku).

Judicial Independence and International Adjudication, 93 Cal. L. Rev. 1 (2005) (with Eric Posner).

War, Responsibility, and the Age of Terrorism, 57 Stan. L. Rev. 793 (2004).

Using Force, 71 U. Chi. L. Rev. 729 (2004).

The Status of Terrorists , 44 Va. J. Int'l L. 207 (2003).

International Law and the War in Iraq, 97 Am. J. Int'l L. 563 (2003).

War and the Constitutional Text , 69 U. Chi. L. Rev. 1639 (2002).

Politics as Laws?: The ABM Treaty, the Separation of Powers, and Treaty Interpretation, 89 Cal. L. Rev. 851-915 (2001).

Opinion Pieces

Anti-Terror Weapons We're Afraid to Use, L.A. Times, Aug. 21, 2006

The High Court's Hamdan Power Grab, L.A. Times, July 7, 2006

A President Can Pull the Trigger, L.A. Times, Dec. 20, 2005

Opportunity Squandered, Washington Post, Oct. 4, 2005

Trigger Power, L.A. Times, Oct. 2, 2005

A Revolution That Had Run Its Course, L.A. Times, Sept. 5, 2005

A United Iraq - What's the Point?, L.A. Times, Aug. 25, 2005

High Court Peace Offering, Washington Post, July 21, 2005

Go on the Offensive against Terror , L.A. Times, July 13, 2005

What Became of Federalism?, L.A. Times, June 21, 2005.

Rehnquist Advocated Limitations of Public Power , Phila. Inquirer, Apr. 27, 2005.

The U.N. Needs the Old Bolton , L.A. Times, Apr. 20, 2005 (with Eric Posner)

Rewriting the Laws of War , L.A. Times, Feb. 1, 2005 (with Robert Delahunty).

Clarence Thomas is in the Right Seat, Lost Angeles Times, Jan. 5, 2005.

Professional Activities

Advisory Committee, Standing Comm. on Law and National Security, American Bar Association

Scholars Advisory Panel, National Constitution Center

Board of Editors, Berkeley Journal of International Law


International Civil Litigation
International Law
Constitutional Law

Foreign Relations Law

Civil Procedure
International Trade
Separation of Powers Law