John Yoo

Professor of Law

Boalt Hall School of Law

University of California at Berkeley

Berkeley, CA 94720

510-643-5089 (voice)

510-642-3728 (fax)

yooj@law.berkeley.edu

Foreign Relations Law

Reserve Readings

Week I

Yoo, Kosovo, War Powers, and the Multilateral Future, Reserve

Campbell v. Clinton, 52 F. Supp.2d 34, 39 (D.D.C. 1999), Reserve

Bowsher v. Synar, 478 U.S. 714 (1986), reserve

Morrison v. Olson, 487 U.S. 654 (1988), reserve

Mistretta v. United States, 488 U.S. 361 (1989), reserve

Clinton v. New York, reserve

Week II

President Washington’s Neutrality Proclamation (1793), reserve

Elkins & McKitrick, The Age of Federalism 336-41 (1993), reserve

Hamilton, Pacificus Essays, Reserve

Madison, Helvidius Essays, Reserve

John Marshall, Speech before House of Representatives, Reserve

Week III

Presidential Messages on Kosovo, Reserve

OLC Opinion on Haiti, Reserve

Yoo, Clio at War, Reserve

Stromseth, Why Methodology Matters, Reserve

Treanor, Fame, The Founding, and the Power to Declare War, Reserve

Week IV

President Polk, War Message, Reserve

Abraham Lincoln, Special Message to Congress, Reserve

House Resolution Accusing Polk, Reserve

Fisher, Presidential War Powers, Reserve

Gulf of Tonkin Resolution & Other Resolutions, Reserve

Orlando v. Laird, 443 F. 2d 1039 (2d Cir. 1971), Reserve

Week V

Biden & Ritch, The Treaty Power, 137 U. Pa. L. Rev. 1529, Reserve

Block, Casey & Rivkin, The Senate & Treaty Interpretation, 137 U. Pa. L. Rev. 1481, Reserve

Chayes & Chayes, The Great Reinterpretation Caper, 99 Harv. L. Rev. 1956, Reserve

Sofaer, The ABM Treaty and the Strategic Defense Initiative, 99 Harv. L. Rev. 1972, Reserve

Week VI

Bradley, The Treaty Power and American Federalism, Reserve

Flaherty, Are We to Be a Nation?, Reserve

Yoo, The New Sovereignty and the Old Constitution, Reserve

Yoo, Treaties and Public Lawmaking, Reserve

Vazquez, Treaties as Domestic Law, Reserve

Week VII

Ackerman & Golove, Is NAFTA Constitutional?, Reserve

Tribe, Taking Text and Structure Seriously, Reserve

Vagts, The Exclusive Treaty Power Revisited, Reserve

Week IX

Barclay’s Bank, 512 U.S. 298 (1994), Reserve

Goldsmith, Federalism and Foreign Affairs, Reserve

National Foreign Trade Council v. Natsios, 181 F.3d 38 (1^st Cir. 1999),

cert. granted, No. 99-474, 120 S. Ct. 525 (Nov. 29, 1999).

Week X

Nagel, The Political Question Doctrine, Reserve

Yoo, Federal Courts as Weapons of Foreign Policy, Reserve

Week XIII

Tel Oren v. Libyan Arab Republic, Reserve

Kadic v. Karadzic, 70 F.3d 232 (2d Cir. 1995), Reserve

Week XIV

Bradley & Goldsmith, Customary Intl Law as Federal Common Law, Reserve

Koh, Is International Law Really State Law?, Reserve

Neuman, Sense and Nonsense about Customary Intl Law, Reserve