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Oona A Hathaway
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Oona Hathaway
Oona A. Hathaway: Foundations of Modern International Law
Oona Anne Hathaway (born 1972) is the Gerard C. and Bernice Latrobe Smith Professor of International Law and both founder and director of the Center for Global Legal Challenges at Yale Law School. She is also a Professor of International and Area Studies at The Whitney and Betty MacMillan Center for International and Area Studies; Faculty at the Jackson Institute for Global Affairs; and Professor (by courtesy) at the Department of Political Science.
Our Foreign Affairs Constitution: The President, Congress, and the Making of International Law
Biography
Hathaway was born and raised in Portland, Oregon. While in high school, she participated in the We the People and Mock Trial programs as a student at Lincoln High School, where she was also student body president.
She received her B.A. with summa cum laude from Harvard University in 1994 and her J.D. from Yale Law School, where in 1997 she was Editor-in-Chief of the Yale Law Journal.
From 2009 to 2013, Hathaway was one of the ten most cited international law scholars. She has published widely and been quoted in the media as an expert on treaties and constitutional law. In 2014-15, she served as the Special Counsel to the General Counsel at the U.S. Department of Defense, a position for which she received the Office of the Secretary of Defense Award for Excellence. Her book with Scott J. Shapiro, The Internationalists: How a Radical Plan to Outlaw War Remade the World, was published by Simon & Schuster in September 2017 and was launched at an event organized in Washington, D.C., by New America and moderated by its Vice President, Peter Bergen.
Personal life
Hathaway is married to Jacob S. Hacker, Director of the Institution for Social and Policy Studies and Stanley B. Resor Professor of Political Science at Yale University. They have two children.
Co-Authored Book
(with Scott J. Shapiro) (2017) The Internationalists: How a Radical Plan to Outlaw War Remade the World, New York: (Simon & Schuster).
Edited Volume
(with Harold Hongju Koh) (2005) Foundations of International Law and Politics. New York: (Foundation Press).
Book Chapters
(2014) Fighting the Last War: The United Nations Charter in the Age of the War on Terror, in Charter of the United Nations Together with Scholarly Commentaries and Essential Historical Documents, (Joseph Lambert & Ian Shapiro, eds.) (Yale University Press).
(2012) Between Power and Principle: An Integrated Theory of International Law, in The Role of Ethics in International Law, (Donald Earl Childress III, ed.) (Cambridge University Press).
(2007) Hamdan v. Rumsfeld: Domestic Enforcement of International Law, in International Law Stories, (John E. Noyes, Laura A. Dickinson, Mark W. Janis, eds.) (Foundation Press).
(2004) The Promise and Limits of the International Law of Torture, in Torture: A Collection, (Sanford Levinson ed.) (Oxford University Press).
Peer-Reviewed Articles
(with Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts, and Sirine Shebaya) (2013) The Power to Detain: Detention of Terrorism Suspects After 9/11, 38 The Yale Journal of International Law 123.
(with Spencer Amdur, Celia Choy, Samir Deger-Sen, Haley Nix, John Paredes, and Sally Pei) (2013) The Treaty Power: Its History, Scope, and Limits, 98 Cornell Law Review 239.
(with Aileen Nowlan & Julia Spiegel) (2012) Tortured Reasoning: The Intent to Torture Under International and Domestic Law, 52 Virginia Journal of International Law 791.
(with Rebecca Crootof, Philip Levitz, Haley Nix, Aileen Nowlan, William Perdue, Julia Spiegel) (2012) The Law of Cyber-Attack, 100 California Law Review 817.
(with Rebecca Crootof, Philip Levitz, Haley Nix, William Perdue, Chelsea Purvis, and Julia Spiegel) (2012) Which Law Governs During Armed Conflict? The Relationship Between International Humanitarian Law and Human Rights Law, 96 Minnesota Law Review 1883.
(with Sara Solow & Sabria McElroy) (2012) International Law at Home: Enforcing Treaties in U.S. Courts 37 Yale Journal of International Law 1.
(with Sara Solow & Sabria McElroy) (2012) International Law at a Crossroads, 7 Yale Journal of International Affairs 54.
(with Scott J. Shapiro) (2011) Outcasting: Enforcement in Domestic and International Law, 121 Yale Law Journal 252.
(with Philip Levitz, Elizabeth Nielsen, Aileen Nowlan, William Perdue, Chelsea Purvis, Sara Solow, and Julia Spiegel) (2011) Human Rights Abroad: When Do Human Rights Treaty Obligations Apply Extraterritorially?, 43 Arizona State Law Journal 1.
(with Bruce Ackerman) (2011) Limited War and the Constitution: Iraq and the Crisis of Presidential Legality, 109 Michigan Law Review 447.
(2010) The Case for Promoting Democracy Through Export Control, 33 Harvard Journal of Law & Public Policy 17.
(2009) Presidential Power over International Law: Restoring the Balance, 119 Yale Law Journal 140.
(2008) Treaties' End: The Past, Present, and Future of International Lawmaking in the United States, 117 Yale Law Journal 1236 (Replication Files: Treaties' Data Table 1, Comparative Constitutions).
(2008) International Delegation and State Sovereignty, 71 Law and Contemporary Problems 115.
(2007) Why Do Countries Commit to Human Rights Treaties?, 51 Journal of Conflict Resolution 588.
(with A. Lavinbuk) (2006) Rationalism and Revisionism in International Law, 119 Harvard Law Review 1404.
(2005) Between Power and Principle: An Integrated Theory of International Law, 72 University of Chicago Law Review 469.
(2004) The New Empiricism in Human Rights: Insights and Implications, 98 American Society of International Law Proceedings 206.
(2003) The Cost of Commitment, 55 Stanford Law Review 1821.
(2003) Testing Conventional Wisdom, 14 European Journal of International Law 185.
(2002) Do Human Rights Treaties Make a Difference?, 111 Yale Law Journal 1935.
(2001) Path Dependence in the Law: The Course and Pattern of Legal Change in a Common Law System, 86 The Iowa Law Review 101.
(1998) Positive Feedback: The Impact of Trade Liberalization on Industry Demands for Protection, 52 International Organization 575.
(1996) Book Note, The Politics of the Confirmation Process, 106 Yale Law Journal 235.
Other articles
(with Amy Kapczynski) (2011) Going It Alone: The Anti-Counterfeiting Trade Agreement as a Sole Executive Agreement, 15 American Society of International Law.
(with Jacob Hacker) (August 1, 2011) Our Unbalanced Democracy, New York Times.
(with Bruce Ackerman) (June 1, 2011) Obama’s Illegal War, Foreign Policy.
(with Bruce Ackerman) (May 17, 2011) Death of the War Powers Act?, Washington Post.
(with Bruce Ackerman) (May 3, 2011) The World After Bin Laden, Washington Post.
(with Bruce Ackerman) (April 6, 2011) ARGUMENT The Constitutional Clock Is Ticking on Obama’s War, Foreign Policy.
(with Bruce Ackerman) (March 9, 2011) It's Not Up to the President to Impose a No-Fly Zone Over Libya, The Huffington Post.
(with Bruce Ackerman) (January 27, 2011) Did Congress approve America's longest war?, The Guardian (U.K.).
(with Bruce Ackerman) (April 3, 2010) How To Swing Arms Control: Obama can model Nixon and Clinton to get a new treaty through Congress., Los Angeles Times.
(March 22, 2010) Co-Counsel, Brief for Non-Governmental Organizations and Scholars as Amici Curiai in Support of Rehearing or Rehearing En Banc, Al-Bihani v. Obama, U.S. Court of Appeals for the D.C. Circuit.
(with Rebecca Crootof) (February 17, 2010) Hear the Uighurs: The critical Guantanamo case the Supreme Court should not duck., Slate Magazine.
(December 2009) Counsel of Record, International Law Experts Brief, Kiyemba v. Obama, United States Supreme Court.
(with Bruce Ackerman) (December 9, 2009) What Will Congress Do About Afghanistan?, Slate Magazine Online.
(with Bruce Ackerman) (August 23, 2009) America needs to prepare for early Iraq pullout, The Financial Times.
(with Bruce Ackerman) (January 1. 2009) The Iraq War Is Now Illegal, The Daily Beast.
(with Bruce Ackerman) (December 12, 2008) A legal time bomb in Iraq, The Guardian (U.K.).
(with Congressman Bill Delahunt) (November 26, 2008) Bush should include Congress, The Boston Globe.
(with Bruce Ackerman) (October 21, 2008) Bush's Final Illusion, Slate Magazine.
(November 16, 2008) The Case for Replacing Article II Treaties With Ex Post Congressional-Executive Agreements, American Constitution Society Issue Brief.
(March 4, 2008) Testimony on “Declaration and Principles: Future U.S. Commitments to Iraq”, House Foreign Affairs Committee, Subcommittee on Oversight.
(February 8, 2008) Testimony on “The November 26 Declaration of Principles: Implications for UN Resolutions on Iraq and for Congressional Oversight", House Foreign Affairs Committee, Subcommittee on Oversight.
(with Bruce Ackerman) (September 10, 2008) What Bush Will Surrender in Iraq, Time Magazine (Online).
(with Bruce Ackerman) (July 25, 2008) Into No-Man's Land, Los Angeles Times.
(with Bruce Ackerman) (April 5, 2008) The War's Expiration Date, The Washington Post Online.
(November 19, 2007) Why We Need International Law, The Nation.
(October 26, 2005) A Tortured Way to Run War on Terror, Newsday.
(with Eric Posner) (January 17, 2005) Debate Club: Is International Law Useful?, Legal Affairs.
Security and Human Rights (Paper for the United Nations High Level Panel on Global Security Threats, commissioned by the UN Foundation).
(Autumn 2003) Two Cheers for International Law, 27 Wilson Quarterly 50.
(2003) Making Human Rights Treaties Work: Global Legal Information and Human Rights in the 21st Century, 31 International Journal of Legal Info 312.
(January 1, 1996) Book Note, The Politics of the Confirmation Process, 106 Yale Law Journal 229.
(Winter 1992/93) Whither Biodiversity? The Global Debate over Biological Variety Continues, 15 Harvard International Review 58.
(March 1992) Lifting the Veil, 19 Harvard Political Review 16.
