David B. Rivkin
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David B. Rivkin, Jr.
Education:
J.D. Columbia University, May 1985 M.A. Georgetown University (Soviet Affairs), Highest Distinction, 1984 B.S.F.S. Georgetown University School of Foreign Service (International Relations), cum laude, 1980
Professional Experience:
December 1999 to Present Partner, Baker & Hostetler LLP: Has extensive experience in international arbitration and policy advocacy on a wide range of international and domestic issues, including treaty implementation, multilateral and unilateral sanctions, corporate law, environmental and energy matters (with an emphasis on policy, regulatory and enforcement issues). Mr. Rivkin represents foreign governments and corporate entities on a broad range of legal, political, economic, military and public relations matters and has worked on bilateral and multilateral foreign policy issues with Congress and various Executive Branch entities. He is also particularly knowledgeable about, and has been involved in, the handling of complex and contentious matters for clients that require the combination of lobbying, litigation and public relations and implicate difficult public policy issues.
Has particularly strong expertise in regulatory matters covered by the Clean Air Act Amendments of 1990 and the Energy Policy Act of 1992, having been intimately involved in the drafting of the legislative proposals which led to the enactment of those two statutes, in all of the legislative work involved, and in the development and drafting of the implementing regulations.
March 1993 - December 1999 Partner, Hunton & Williams: Practice focused on international public law and litigation before the International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia, international arbitration and policy advocacy on a wide range of international and domestic issues, including treaty implementation, multilateral and unilateral sanctions, corporate law, environment and energy (with an emphasis on policy, regulatory and enforcement issues). Has been representing foreign governments and corporate entities on a broad range of political, economic, military and public relations matters and has worked on bilateral and multilateral foreign policy issues with Congress and various Executive Branch entities. Over the last several years, has been keenly involved in legislative and regulatory efforts to restructure the electric utility and natural gas industries. Has been involved in several overseas power plant construction projects, focusing particularly on project finance and tax-related components of the transactions.
January 1992- January 1993 Special Assistant to the Vice President and Associate Executive Director, Council on Competitiveness: Substantive areas of responsibility included energy, environment, agricultural issues and tax matters. Responsible for the review and analysis of various legal issues that bore upon the regulatory review conducted by the Council, including dealing with congressional requests for Council documents and information. Responsible for the development and implementation of the President’s deregulatory initiatives. Worked closely with the general counsels and policy heads of all regulatory agencies and departments. Reviewed all of the major regulations developed by these agencies to ensure that they properly balanced environmental, energy and economic imperatives and achieved their objectives in the most cost-effective manner. Played a leading role in the development of the Clean Air Act, Clean Water Act, wetlands, Endangered Species Act and Resource Conservation Recovery Act regulations. Had a major role in the advancement of the Administration’s energy policy, including working with Congress to secure the passage of the National Energy Strategy was instrumental in several key natural gas and electricity rulemakings and in the formulation of the Administration’s policy on alternative fuels.
September 1990- December 31, 1991 Associate General Counsel, Department of Energy: Was responsible for handling environmental and energy maters, including global climate change problems, natural gas, hydro and electricity issues, development and implementation of the National Energy Strategy, implementation of the Clean Air Act, wetlands policy and related issues, development of RCRA legislative proposals, and deregulation of energy markets. Managed office of seven professionals.
August 1, 1988- September 1990 Deputy Director, Department of Justice, Office of Policy Development: Was responsible for handling environmental, energy, oceans and space policy issues, transportation, trade and immigration matters. Drafted memoranda, prepared briefing books, and delivered oral briefings to the Attorney General and senior DOJ officials. Reviewed relevant regulatory and legislative initiatives, as well as litigation. (Promoted from Senior Attorney Advisor to Senior Counsel in October, 1989; promoted from Senior Counsel to Deputy Director in June 1990; on detail to the White House from August 1988 to January 1989; and from September, 1989 to September 1990.)
September 1, 1989- September 1990 Legal Advisor to the White House Counsel: Handled environmental matters, energy, immigration and national service issues. Responsibilities included reviewing and coordinating all agency actions in these areas, worked closely with the Justice Department, EPA, OMB, and other White House entities. Participated in developing the Administration’s legislative strategy and substantive policy on Clean Air Act legislation. Served as the General Counsel to the Presidential Advisory Committee on the Points of Light. In that capacity, handled all ethics and Federal Advisory Committee Act issues relating to the Committee. Working with the Committee, helped set up a unique tax-exempt entity – the Thousand Points of Light Foundation – to carry out the President’s volunteerism and national service agenda.
August 1, 1988-
January 1989 Special Assistant to the Honorable C. Boyden Gray, Counselor to then Vice President Bush: Worked on a wide range of legal, policy and constitutional issues, including regulatory and administrative law matters, transportation, immigration, civil rights, oceans and space policy, judicial selection, and constitutional litigation.
January 1988- July 1988 Defense and Foreign Policy Advisor, Fund for America’s Future and George Bush for President: Served as a defense advisor to the Fund, which was subsequently transformed into the Bush for President Campaign. Prepared position papers, statements, and questions and answers dealing with Soviet affairs and defense matters, working closely with James Pinkerton, Richard Breeden and Dennis Ross.
May 1, 1985- April 1988 Associate, Baker & McKenzie: Practiced in the areas of corporate law, international tax, Export Administration Act and related controls; customs law; environmental law; administrative law, and government contracts.
September 1984-
May 1985 Law Clerk, Preston, Thorgrimson, Ellis and Holman: Dealt with a number of legal assignments ranging from maritime law to communications and insurance matters.
May 1984- August 1984 Summer Associate, Arent, Fox, Kintner, Plotkin and Kahn: Conducted legal research and wrote numerous memoranda, primarily in the areas of antitrust law and international trade. Wrote sections of trial and appellate briefs. Drafted an article on trademark infringements for a trade association journal.
April 1982- May 1984 Research Associate, Leon Sloss Associates: Wrote papers for the Department of Defense on the Soviet Navy, Soviet military doctrine, arms control, NATO, strategic and theater nuclear forces, strategic defense, nuclear targeting.
August 1982 Consultant, Center for Strategic and International Studies: Participated in the “Year 2000 Project.” Prepared several papers predicting how the regional and global environment would look in the year 2000.
January 1981- April 1982 Research Associate, Soviet-Politico-Military Affairs, Institute for Foreign Policy Analysis: Conducted extensive research on arms control, ballistic missile defense and NATO issues.
February 1980- May 1980 Research Associate, Woodrow Wilson Center for Scholars: Worked with General Rowny on issues pertaining to Soviet Strategic Rocket Forces and the Soviet handling of the SALT process. Also, assisted Group Captain Roger Palen in his research on cruise missiles. Drafted series of issue papers on East-West trade.
May 1980- December 1980 Research Assistant, American Enterprise Institute: Researched the evolution of the Soviet strategic posture from 1945 to the 1970s for Dr. Charles Fairbanks. Primarily examined Soviet R&D, weapons procurement, and changes within the Soviet armed forces.
September 1979- December 1980 Research Assistant: Conducted research for Dr. William Stearman (on Soviet foreign policy – specifically toward Germany) and Dr. Fred Ikle (on industrial preparedness).
Professional Affiliations:
Council on Foreign Relations (Member). National Center for Therapeutic Riding (Director). Sovereignty, Inc. (Director) Victims of Communism Memorial Foundation (Director) U.S. Department of Energy’s Electricity Advisory Board (Member) The Nixon Center (Adjunct Fellow) Contributing Editor, National Review magazine
Other Professional Activities:
Frequent public lecturing and appearance on radio and television shows (e.g., Canadian Broadcasting, KIRO-Seattle, BBC, National Public Radio, USIA-Worldnet, NET, WHUR, FOX Television, CBS, CNBC, CNN, NBC and MSNBC, PBS, ABC.)
Academic Honors:
Phi Alpha Theta –Georgetown University Fellowship in Russian Studies (1981). Masters Comprehensive with Highest Distinction. Columbia Law School Scholarship (1984). Gold Medal in Naval Proceedings, General Essay Competition for the best article dealing with maritime affairs (1984). American Association for Advancement of Science - Arms Control Fellowship (1988).
Selected Publications by David B. Rivkin, Jr:
“The ABM Treaty and the Battle of Interpretations,” with W. Bruce Weinrod, Journal of Defense & Diplomacy, May 1987.
“The Boland Amendment Revisited,” Legal Times, July 20, 1987.
“SDI: Strategic Reality or a Never-Never Land?” Strategic Review (Summer 1987).
“Privatization of American Foreign Policy?” New York City Tribune, August 29, 1987.
“Intelligence Oversight: The Iran-Contra Legacy,” National Law Journal, September 14, 1987.
“The Iran-Contra Hearings,” Law and National Security Intelligence Reports, October 1987.
“The Iran-Contra Affair: Were Any Laws Broken?” World and I, November 1987.
“SDI and Arms Control,” Signal, December 1987.
“SDI: 1987’s Surprise Spur to Serious Arms Control,” New York City Tribune, January 6, 1988.
“Cutting Off Aid to the Contras Defies Common Sense,” with Paula J. Dobriansky, Wall Street Journal, February 2, 1988.
“In the Race to Ratify the INF Treaty, the Constitution Comes in Last,” with Michael Mobbs, Washington Times, February 15, 1988.
“Democratic Society and Covert Action,” American Legion Magazine, March 1988.
“Deterrence, Defense, and Arms Control in a Post-INF Europe,” with Jeffrey Record, Foreign Affairs, Spring 1988.
“The INF Treaty’s Constitutional Fumble,” Wall Street Journal, June 15, 1988.
“The Soviet Union and Conventional Arms Control: What Lies Ahead?” in Technology, Security, and Arms Control for the 1990s, ed. Elizabeth J. Kirk, American Association for the Advancement of Science, 1988.
“Intelligence Oversight and Congress: Practical and Constitutional Imperatives,” Houston Journal of International Law, November 1988.
“The Senate’s Pie in the Sky Treaty Interpretation Power and the Quest for Legislative Supremacy,” with Lawrence J. Block and Lee A. Casey, University of Pennsylvania Law Review, May 1989.
“The Battle to Control the Conduct of Foreign Intelligence and Covert Operations: The Ultra-Whig Revolution Revisited,” with Lawrence J. Block, Harvard Journal of Law and Public Policy, Spring 1989.
“The Bill of Rights and American Republicanism,” with Lawrence J. Block, Policy Review (Winter 1989).
“New Soviet Military Doctrine,” with Paula J. Dobriansky, in Gorbachev and His Generals: Reform and Soviet Military Doctrine, ed. William C. Green (Free Press, Spring 1990).
“Legislative Power Grab: The Anti-Federalist Counterrevolution in the Making,” with Lawrence J. Block, New York Review of Books, May 17, 1990 and August 16, 1990.
“Gulliver’s Troubles: Why the U.S. Cannot Conduct Coherent Foreign Policy,” with Lawrence J. Block, Colgate Review, Spring 1991.
“A ‘No Regrets’ Environmental Policy,” with C. Boyden Gray, Foreign Policy, Summer 1991.
“Using Force in the Post-Cold World – The International Law Dimension,” a chapter in a monograph by the Carnegie Endowment for International Peace (Summer 1991).
“The U.S. Clean Fuels Program – Imperatives and Prospects,” California Western Law Review (Winter 1992).
“The Strategic Consequences of Imperial Collapse: the Future of Post-Communist Europe,” Problems of Communism (March-April 1992).
“The Future of Remote Sensing in the Automobile Inspection and Maintenance Programs under the Clean Air Act"”(letter to the editor), with C. Boyden Gray, Policy Review (June 1992).
“Health Care Reform v. the Founders,” Wall Street Journal., September 29, 1993.
“How Binding Are Contracts?” with Lee A. Casey, The American Enterprise Magazine (November/December 1993).
“Keep a Close Eye on Russia,” with Paula J. Dobriansky and Jeffrey A. Baxter, Los Angeles Times, January 9, 1994.
“NATO’s Mission Does Not Need to Change,” with Paula J. Dobriansky and Jeffrey A. Baxter, Washington Times, January 10, 1994.
“Health Care Reform and Illegal Aliens – Can One Have the Former, Without the Latter,” Legal Memorandum, Washington Legal Foundation, Washington, D.C., February 23, 1994.
“Unitary Executive and Presidential Control of Agency Rulemakings,” American University Journal of Administrative Law, Spring 1994.
“Making and Declaring War: A Constitutional Distinction,” with Lee A. Casey, The Washington Times, September 15, 1994.
“In Constitutional Interpretation, Read the Framers’ Words,” with Lee A. Casey, Legal Times, October 3, 1994.
“Partial Constitution or Sunstein’s Constitution?” (book review), Harvard Journal of Law and Public Policy, Winter 1994.
“The Majority Still Rules, Even by Supermajority,” with Lee A. Casey, Washington Times, January 10, 1995.
“History Proves the GOP Budget Correct,” with Lee A. Casey, Washington Times, November 9, 1995.
“Presidents and War Powers: Another View,” with Lee A. Casey, Common Sense, Winter 1996.
“Come Together over Bob Dole,” with Lee A. Casey, Washington Times, March 12, 1996.
“What to do About the Abortion Plank,:” with Lee A. Casey, Washington Times, April 14, 1996.
“Clinton’s Foreign Policy: Myth vs. Reality,” with Paula J. Dobriansky, Common Sense, Summer 1996.
“Reform the Debate on Environmental Policy,” with Turner T. Smith, Jr., Washington Times, October 1, 1996.
“Federalism,” with Lee A. Casey, Commentary, December 1996.
“No More Independent Counsels,” with Lee A. Casey, Washington Times, March 7, 1997.
“Let the States Regulate Partial-Birth Abortion,” with Lee A. Casey, Wall Street Journal, April 9, 1997.
“Beyond Good and Evil,” with Turner T. Smith Jr., The Environmental Forum, vol. 14, no. 4, July/August 1997.
“The EPA vs. The Constitution,” with Lee A. Casey, Washington Times, September 8, 1997.
"The Ground Rules May be Changing in Federal – State Regime", with Lee A. Casey, Water, Environment & Technology, vol. 10, No. 1, January 1998.
"Against an International Criminal Court," with Lee A. Casey, Commentary, May 1998.
"The Collapse of the Soviet Union and the End of the 1972 Anti-Ballistic Missile Treaty: A Memorandum of Law," with Lee A. Casey and Darin R. Bartram, prepared for The Heritage Foundation, June 15, 1998.
"No to the War Crimes Court," with Lee A. Casey, Washington Times, June 17, 1998.
"Could President Gore Pardon Clinton?" with Lee A. Casey, Wall Street Journal, September 21, 1998.
Letter to the Editor, with Lee A. Casey, Foreign Affairs, Volume 78 No. 2, March/April 1999.
“No place like Taiwan: A creative solution to the one-China problem”, with Lee A. Casey, Washington Times, May 10, 2000.
“The Rocky Shoals of International Law”, with Lee A. Casey, The National Interest, Winter 2000/01.
“Without Florida, Then What? The Framers thought of everything”, with Darin R. Bartram and Kyle McSlarrow, The National Review, November 16, 2000.
“The Number of Electors Necessary for the Election of a President by the Electoral College”, The Heritage Foundation, December 5, 2000.
“Clinton’s worst folly: Bush must undo international court damage”, with Lee A. Casey, The Washington Times, January 9, 2001.
“Crime and International Punishment”, with Lee A. Casey, The Wall Street Journal Europe, January 31, 2001.
“Try Slobo at Home”, with Lee A. Casey, The Wall Street Journal Europe, April 20, 2001.
“Europe in the Balance”, with Lee A. Casey, The Policy Review, June & July, 2001.
“Superpower Envy: Europe’s Power Play”, with Lee A. Casey, The Wall Street Journal Europe, August 13, 2001.
“Trigger Happy: Putting the Hague Court on Trial”, with Lee A. Casey, The Wall Street Journal Europe, August 31, 2001.
“Why We Must Declare War”, with Lee A. Casey, Washington Times, September 24, 2001.
“Bringing Al-Qaeda To Justice The Constitutionality of Trying Al-Qaeda Terrorists in the Military Justice System,” David B. Rivkin, Jr., Lee A. Casey, and Darin R. Bartram, The Heritage Foundation Legal Memorandum, November 5, 2001.
“Why Military Commissions are Justified: Al Qaeda combatants have placed themselves beyond protection”, David B. Rivkin, Jr., and Lee A. Casey, The Washington Times, November 16, 2001.
“Making Europe Safe for al Qaeda”, David B. Rivkin, Jr. and Lee A. Casey, Wall Street Journal Europe, December 7, 2001.
“Anticipatory Self Defense Against Terrorism,” Lee A. Casey and David B. Rivkin, Jr., Washington Legal Foundation, December 14, 2001.
“Unlawful Belligerency and its Implications Under International Law,” Lee A. Casey, David B. Rivkin, Jr., and Darin R. Bartram, Legal Memorandum for the Federalist Society for Law and Public Policy, January 20, 2002.
“Al Qaeda and Taliban Are Not POWs,” Lee A. Casey and David B. Rivkin, Jr., The Washington Times, January 28, 2002.
“Devil’s Advocates,” with Lee A. Casey, The Policy Review, February and March 2002.
“The United States and the International Criminal Court: Concerns and Possible Courses of Action,” Lee A. Casey, Eric J. Kadel, Jr., David B. Rivkin and Edwin D. Williamson, Legal Memorandum for the Federalist Society for Law and Public Policy, February 5, 2002.
“We Have the Right to Oust Saddam”, with Lee A. Casey, Wall Street Journal, February 27, 2002.
“Civil Liberties v. National Security”, The Washington Lawyer, March 2002.
“By the Laws of War, They Aren’t POWs”, with Lee A. Casey and Darin R. Bartram, Washington Post, March 3, 2002.
“When in the Rome Treaty”, with Lee A. Casey, National Review, Vol. LIV, No. 5, March 25, 2002.
“An Assessment of the Recommendations of the American Bar Association regarding the Use of Military Commissions in the War on Terror”, with Lee A. Casey and Darin R. Bartram, Legal Memorandum for the Federalist Society for Law and Public Policy, March 29, 2002.
“When Justice for All Isn’t Fair”, with Lee A. Casey and Darin R. Bartram, Washington Post, April 7, 2002.
“Wanted: Henry Kissinger”, with Darin R. Bartram, Wall Street Journal Europe, April 22, 2002.
“No Accident: The Intifada’s Latest Casualty”, with Lee Casey, National Review, May 23, 2002.
“Remember the Caroline”, with Darin R. Bartram and Lee A. Casey, National Review, July 1, 2002.
“No Declaration of War Needed”, with Lee Casey, Wall Street Journal, July 26, 2002.
“The Law on the Road to Baghdad”, with Darin R. Bartram, National Review Online, August 28, 2002.
“A Legal Analysis of the Attacks on Civilians and ‘Collateral Damage’ in the Middle East Conflict”, with Lee A. Casey and Darin R. Bartram, Legal Memorandum for the Federalist Society on Law and Public Policy, August 29, 2002.
“War Is Not Against the Law”, with Lee Casey, Wall Street Journal, September 25, 2002.
“A House Divided? War, Extradition and the Atlantic Alliance”, with Lee Casey, In the National Interest, (in two parts), October 2 and October 9, 2002.
“Our Enemy Combatants,” with Lee Casey, Wall Street Journal, October 28, 2002.
“After Saddam: International law lets us occupy Iraq—and reform it”, with Darin Bartram, Legal Times, November 4, 2002.
“Suicide Attacks are War Crimes, Targeted Killings Aren’t”, with Lee Casey and Darin Bartram, Jerusalem Post, November 7, 2002.
“Court Dismissed,” with Lee Casey, National Review, November 11, 2002.
“A Response: Hassner’s ‘Friendly Questions’ and the War on Terrorism”, In the National Interest, Volume 1, Issue 14, December 11, 2002.
“From The Bermuda to The So San”, with Lee Casey, National Review Online, January 2, 2003.
“It’s Not Torture, and They Aren’t Lawful Combatants”, with Lee Casey, The Washington Post, January 11, 2003.
“Enemy Combatant Determinations and Judicial Review”, with Lee A. Casey and Darin R. Bartram, The Federalist Society for Law & Public Policy Studies, January 2003.
“The ICC’s First False Step”, with Darin R. Bartram, Wall Street Journal Europe, February 17, 2003.
“The Laws of War”, with Lee A. Casey, The Wall Street Journal, March 4, 2003.
“That’s Why They Call It War”, with Lee A. Casey, The Washington Post, March 16, 2003.
“Time Is on Our Side in North Korea,” (Letters to the Editor), The Wall Street Journal, March 20, 2003.
“Saddam’s Judge and Jury: An Iraqi court should try the country’s tormentor”, with Lee A. Casey, The Washington Times, March 26, 2003.
“War and the Law”, with Lee A. Casey, In the National Interest, Vol. II, Issue 12, March 26, 2003.
“The Belgian Pandora”, with Lee A. Casey, The Wall Street Journal Europe, April 2, 2003.
“Partners in Terror, Still”, with Lee A. Casey, The Jerusalem Post, April 21, 2003.
“Blueprint for Freedom: Limiting the Role of the United Nations in Post-War Iraq”, with Nile Gardiner, Ph.D., The Heritage Foundation Backgrounder, April 22, 2003.
“International Law and the Road to Damascus”, with Andrew E. Chasin, The Jerusalem Post, May 11, 2003.
“Legal Even Without Weapons Stockpiles”, with Lee A. Casey, Wall Street Journal Europe, May 19, 2003.
“Would it be a mistake to let the United Nations play the lead role in reconstructing Iraq?”, with Nile Gardiner, Insight Magazine, May 27-June 9, 2003.
“Military Occupation: Legally Ensuring a Lasting Peace”, with Darin R. Bartram, Washington Quarterly, Summer 2003, Volume 26, Number 3.
“Arrest This”, with Lee A. Casey, The National Review, June 16, 2003.
“Saddam, Nikita and Virtual Weapons of Mass Destruction: A Question of Threat Perception and Intelligence Assessment”, with Lee A. Casey, In the National Interest, Volume 2, Issue 23, June 12, 2003.
“Crimes Outside the World’s Jurisdiction”, with Lee A. Casey, The New York Times, July 22, 2003.
“America, Europe and the War on Terror: Where is the Threat?”, In the National Interest, July 23, 2003, Volume II, Issue 29.
“The Crime of Unlawful Combatancy”, with Lee A. Casey, The Jerusalem Post, August 7, 2003.
“Leashing the Dogs of War”, with Lee A. Casey, The National Interest, Number 73, Fall 2003.
“Don’t Tread on D.C.”, with Lee A. Casey, The New York Times, September 27, 2003.
“The Limits to Legitimacy: The Rome Statute’s Unlawful Application to Non-State Parties”, with Lee A. Casey, Virginia Journal of International Law, Winter 2003.
“Guantanamo on Trial”, with Lee A. Casey, The Wall Street Journal, November 19, 2003.
“Sense and cents-ability: Iraq contracts are a matter of self-respect”, with Lee A. Casey, The Washington Times, December 15, 2003.
“When International Justice Works”, with Lee A. Casey, Washington Post, December 29, 2003.
“In Defense of the Fence: Israel’s Barrier”, with Darin R. Bartram, International Herald Tribune, January 20, 2004.
“The Law and War: Are we at war?”, with Lee A. Casey, Washington Times, January 26, 2004.
“The Law and War: The right to detain”, with Lee A. Casey, Washington Times, January 27, 2004.
“The Law and War: Checks and balances”, with Lee A. Casey, Washington Times, January 28, 2004.
“The Law and War: Protecting the innocents”, with Lee A. Casey, Washington Times, January 29, 2004.
“The Law and War: Striking the balance”, with Lee A. Casey, Washington Times, January 30, 2004.
“The Facts About Guantanamo”, with Lee A. Casey, Wall Street Journal Europe, February 16, 2004.
“A Legal Penalty for Doing Evil”, with Andrew Chasin, The Jerusalem Post, February 23, 2004.
“The Laws of War: Detention at Guantanamo Justified”, with Lee A. Casey, The Washington Times, February 26, 2004.
“At War II – A Clash of Interests”, with Lee A. Casey, The National Review, March 23, 2003 (April 5, 2004).
“What Israeli Illegality? The Yassin assassination was perfectly lawful”, with Lee A. Casey, National Review Online, March 25, 2004.
“A Fair Balance of Liberty and Order”, with Darin R. Bartram, Financial Times, March 31, 2004.
“Trials for the Insurgents”, with Lee A. Casey, The Washington Post, April 6, 2004.
“Shaking the Trees: Gorelick’s Smoking Gun”, with Lee A. Casey, The Washington Times, April 15, 2004.
“The Brahimi Way: Sending Iraq down the wrong path”, with Lee A. Casey, National Review Online, April 16, 2004.
“Gorelick’s 1995 Memo Hurt Intelligence Efforts”, with Lee A. Casey, Daily Herald, May 3, 2004.
“Abuses Are Abuses”, with Lee A. Casey, National Review Online, May 12, 2004.
“Supreme Court Rulings in a Time of War”, with Lee A. Casey, National Review, May 17, 2004.
“The Limits of a Leasehold”, with Lee A. Casey, Wall Street Journal, May 14, 2004.
“James Monroe”, with Mark Wendell DeLaquil, Presidential Leadership: Rating the Best and the Worst in the White House, edited by James Taranto and Leonard Leo, a Wall Street Journal Book, Free Press, 2004.
“Reading the Fine Print: International Red Cross is Soft on Dictators”, with Lee A. Casey, The Washington Times, June 17, 2004.
“POWs and Others”, with Lee A. Casey, National Review, June 24, 2004.
“Averting an Iraq Syndrome”, The National Interest, Number 76, Summer 2004.
“The Reality of Saddam’s Threat”, National Review Online, July 13, 2004.
“Bush’s Good Day in Court”, The Washington Post, with Lee A. Casey, August 4, 2004.
“When in Rome”, National Review Online, with Lee A. Casey, August 9, 2004.
“Intelligence as Usual: The Flawed 9/11 Commission Report”, National Review Online, with Lee A. Casey, August 24, 2004.
“Stopping an Outlaw: Iraq war is the right war, at the right time”, The Washington Times, with Lee A. Casey, September 28, 2004.
“Kerry’s ‘global’ Test”, The Washington Times, with Lee A. Casey, October 8, 2004.
“Kerry Embraces ‘going it alone’: Muddled thinking on North Korea and the Draft”, The Washington Times, with Darin R. Bartram, October 21, 2004.
“Kerry’s Laws of War”, National Review, with Lee A. Casey, October 25, 2004.
Letter to the Editor re: Torture, with Lee A. Casey, Commentary, November 2004, Volume 118, No. 4.
“Culture of Life: President Bush’s Respect for Human Life is Central to the War on Terror”, National Review Online, October 29, 2004.
“Geneva Conventions and POWs: al Qaeda combatants do not qualify”, with Lee A. Casey, The Washington Times, November 16, 2004.
“Outing Operatives, Jailing Journalists”, with Bruce W. Sanford, The Wall Street Journal, December 14, 2004.
“Not Your Father’s Red Cross: Just another advocacy NGO?”, with Lee A. Casey and Mark DeLaquil, National Review Online, December 20, 2004.
“Gunning for Gonzales”, with Lee A. Casey, National Review, December 31, 2004.
“War Against Rumsfeld”, with Rich Lowry, The L.A. Times, January 7, 2005.
“A War the Courts Shouldn’t Manage”, with Robert H. Bork, The Washington Post, January 21, 2005.
“Darfur’s Last Hope: An ad hoc U.N. court must step up”, with Lee A. Casey, The Washington Times, February 4, 2005.
“War, International Law, and Sovereignty: Reevaluating the Rules of the Game in a New Century: Preemption and Law in the 21st Century”, with Lee A. Casey and Mark Wendell DeLaquil, Chicago Journal of International Law 467 (2005).
“Contagious: Freedom is spreading”, with Glenn Sulmasy, National Review Online, March 18, 2005.
“Ratifying Sea Treaty a Mistake”, with Lee A. Casey, The Washington Times, March 25, 2005.
“Annan’s Plan Would Be Suicide for Nations”, with Lee A. Casey, Los Angeles Times, March 31, 2005.
“Friends or Foe?”, with Lee A. Casey, The Wall Street Journal, April 11, 2005.
“Amnesty Unbelievable: The human-rights organization plays anti-American politics”, with Lee A. Casey, National Review Online, May 27, 2005.
“Framing the Framers”, with Lee A. Casey, National Review, June 6, 2005.
“How to Treat A Captured Terrorist”, with Lee A. Casey, National Review, July 4, 2005.
“Washington Blood Sport: Political Scandals and Ignorance of the Law”, with Lee A. Casey, The Washington Times, July 15, 2005.
“No Litmus-test Questions, Please”, with Lee A. Casey, Philadelphia Enquirer, August 21, 2005.
“Human Rights’ Real Enemies”, with Lee A. Casey, Wall Street Journal Europe, September 1, 2005.
“The Dangerous Myth of Universal Jurisdiction”, with Lee A. Casey, in “A Country I Do Not Recognize”: The Legal Assault on American Values, Robert H. Bork, editor, Hoover Institution Press, 2005.
“The Long War: U.S. Jurisprudence”, first of five parts, with Lee A. Casey, The Washington Times, September 6, 2005.
“Engaging the Critics: The Truth About Unlawful Combatants”, second of five parts, with Lee A. Casey, The Washington Times, September 7, 2005.
“How The System Works”, third of five parts, with Lee A. Casey, The Washington Times, September 8, 2005.
“The Flawed Alternatives”, fourth of five parts, with Lee A. Casey, The Washington Times, September 9, 2005.
“Trying the Terrorists”, fifth of five parts, with Lee A. Casey, The Washington Times, September 12, 2005.
“Roberts Battle Highlights Vast Gulf Between Parties”, with Robert Bork, USA Today, September 21, 2005.
“No More Special Counsels”, with Lee A. Casey, The Washington Post, October 29, 2005.
“Neither Criminal Nor Unethical”, with Lee A. Casey, The Wall Street Journal, November 4, 2005.
“Don’t Cross the Habeas Corpus Line”, with Lee A. Casey, Los Angeles Times, November 10, 2005.
“Rights and Conflicts: The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11,” by John Yoo (book review), National Review, November 21, 2005.
“Woodward and the Plame Affair”, with Lee A. Casey, The Washington Times, November 17, 2005.
“Using Force Lawfully in the Twenty-First Century”, with Lee A. Casey, Israel Yearbook on Human Rights, Volume 35, Martinus Nijhoff Publishers, 2005.
“Rethinking the Geneva Convention”, with Lee A. Casey, in “The Torture Debate in America”, Karen J. Greenberg, editor, Center on Law and Security, New York University School of Law, Cambridge University Press, 2005.
“The Virtues of Preemptive Deterrence”, Harvard Journal of Law and Public Policy, Vol. 29, #1, Fall 2005.
“The Wrong Arm of the Law”, with Lee A. Casey, Wall Street Journal Europe, December 9, 2005.
“The McCain Amendment is Flawed”, with Lee A. Casey, Wall Street Journal, December 12, 2005.
“Unwarranted Complaints”, with Lee A. Casey, The New York Times, December 27, 2005.
“Why We’re There”, with Lee A. Casey, National Review, December 31, 2005.
“Presidential Power to Make and Remake International Law”, David B. Rivkin, ASIL Proceedings, 2005: Executive Power in Wartime, page 195-198.
“Agency Discretion and Restoring the Reign of Reason to the NSR Program”, with Hon C. Boyden Gray, Lee A. Casey and Mark W. DeLaquil, The Federalist Society for Law and Public Policy Studies, February 2006.
“Inherent Authority”, with Lee A. Casey, Wall Street Journal, February 8, 2006.
“Much Ado About Nothing”, Opening Argument, Volume I, Issue 3, February 2006.
“Uniting Nations on Human Rights”, with Lee A. Casey, The Washington Times, March 9, 2006.
“A Recipe for Disaster”, with Lee A. Casey, Wall Street Journal, March 17, 2006.
“The Use of Military Commissions in the War on Terror,” Boston University International Law Journal, Spring 2006
“Rule of Law: Shareholders Breathe a Sigh of Relief”, Wall Street Journal, April 29-30, 2006.
“Terrorist Surveillance and the Constitution: NSA’s Warrantless Surveillance Program”, The Federalist Society for Law and Public Policy Studies, with Andrew McCarthy and Lee A. Casey, May 15, 2006.
“Simple Thinking on Terror”, The Wall Street Journal Europe, with Lee A. Casey, May 23, 2006.
“A Legal Case Against Iran”, The Washington Post, with Lee A. Casey, June 6, 2006.
“Lawfare Over Haditha”, Wall Street Journal, with Lee A. Casey, June 7, 2006.
“Enfeebling the Presidency: The executive branch is a co-equal branch, or so the Framers said”, National Review, with Lee A. Casey, June 19, 2006.
“The ACLU’s Tortured Logic on Gitmo”, The LA Times, with Lee A. Casey, June 20, 2006.
“Hamdan”, The Wall Street Journal, with Lee A. Casey, June 30, 2006.
“The Gitmo Decision: What the court really ruled” part 1 of 4, with Lee A. Casey, The Washington Times, July 11, 2006.
“Targeting Illegal Combatants: Military commissions make sense”, part 2 of 4, with Lee A. Casey, The Washington Times, July 12, 2006.
“Misreading Hamdan v. Rumsfeld: In reality, a narrow Supreme Court ruling on detainee rights”, part 3 of 4, with Lee A. Casey, The Washington Times, July 13, 2006.
“Bush Hatred and Constitutional Reality: Why the president’s foes misrepresent the Hamdan decision”, part 4 of 4, with Lee A. Casey, The Washington Times, July 14, 2006.
“Israel Is Within Its Rights”, with Lee A. Casey, The Washington Post, July 26, 2006.
“Israel Must Win,” with Lee A. Casey, Haaretz, August 11, 2006.
“The British Way,” with Lee A. Casey, The Wall Street Journal, August 14, 2006.
“International Law and the Nation-State at the U.N.: A Guide for U.S. Policymakers,” with Lee A. Casey, The Heritage Foundation Backgrounder, August 18, 2006.
“War, Law and Justice: Set the NSA Case Right”, with Lee A. Casey, The Washington Times, August 24, 2006.
“Rule of Law: Judgment at Guantanamo”, with Lee A. Casey, The Wall Street Journal, September 9-10, 2006.
“Separation of Powers, ABA Style: Signing Statements Report at Odds with Constitution”, with Timothy E. Flanigan and Lee A. Casey, Legal Backgrounder, Vol. 21, No. 29, September 22, 2006.
“Two Wars, One Mission”, with Rich Lowry, LA Times, September 28, 2006.
“Claims and Counterclaims”, with Lee A. Casey, Wall Street Journal, October 5, 2006.
“Question Time”, with Lee A. Casey, National Review, Vol. LVIII, No. 18, October 9, 2006.
“Military Commissions Act of 2006: Striking the Right Balance”, with Lee A. Casey, Andrew C. McCarthy and Glenn M. Sulmasy, The Federalist Society for Law and Public Policy Studies, October 12, 2006.
“EPA’s NSR Enforcement Policy: An Improvident Regulatory Endeavor?”, with Lee A. Casey and Mark Wendell DeLaquil, The Federalist Society for Law and Public Policy Studies, November 1, 2006.
“Environmental Defense v. Duke Energy: Take 2”, SCOTUSBLOG, November 3, 2006.
“No Substitute for Victory: As goes the Iraq War, so go many things”, National Review, November 20, 2006.
“Two Views of Presidential Power: No. 1 – The President Has Broad Powers During Wartime,” Pittsburgh Post-Gazette.com, November 6, 2006.
“Keep Gay Marriage Out of the Courts”, with Lee A. Casey, The New York Times, Friday, November 17, 2006.
“Greenhouse Courts”, with Lee A. Casey, Wall Street Journal, Wednesday, November 29, 2006.
“No Talks with Iran and Syria”, with Lee A. Casey, Los Angeles Times, Monday, December 17, 2006.
“Using Force Lawfully in the 21st Century”, with Lee A. Casey, in International Law Challenges: Homeland Security and Combating Terrorism, U.S. Naval War College, International Law Studies, Vol. 81, December 2006.
“What Congress Can (and Can’t) Do on Iraq”, with Lee A. Casey, The Washington Post, Tuesday, January 16, 2007.
“An Unnecessary Investigation”, with Lee A. Casey, National Review Online, January 25, 2007.
“Constitutional Warp”, with Lee A. Casey, The Wall Street Journal, January 31, 2007.
“The MCA Provides Habeas and Plenty of Process,” Opening Argument, Yale Law School, Volume 2 Issue 2, February 2007
“Are Civilian Courts Appropriate for Prosecuting Individuals Classified as Enemy Combatants,” Debate, CFR.org, February 12, 2007.
“Lawfare”, with Lee A. Casey, The Wall Street Journal, February 23, 2007.
“Europe’s Runaway Prosecutions”, with Lee A. Casey, The Washington Post, February 28, 2007.
“Extreme Justice”, with Rich Lowry, New York Post, March 18, 2007.
“The Gitmo Blues”, with Lee A. Casey, The Wall Street Journal, March 27, 2007.
“In Iraq vote, Congress is casting aside the Constitution”, with Lee A. Casey, USA Today, March 28, 2007.
“Get Tough on Iran”, with Lee A. Casey, Los Angeles Times, March 30, 2007.
“German for Chutzpah”, with Lee A. Casey, The Wall Street Journal, April 16, 2007.
“Family Feud: The Law In War and Peace”, with Lee A. Casey, The National Interest, May/June 2007.
“Opposing view: Leave well enough alone”, with Lee A. Casey, USA Today, May 11, 2007.
“Little Cold War”, with Lee A. Casey, The Wall Street Journal, May 21, 2007.
“A Fool’s Errand”, with Karl R. Moor, The Jerusalem Post, June 7, 2007.
“Divide and Litigate”, with Lee A. Casey, The Wall Street Journal, June 12, 2007.
“Call the Dems’ Bluff, Mr. President,” The Los Angeles Times, June 22, 2007
“Impunity for al-Qaeda: The Implications of a Bad Ruling on ‘Unlawful Enemy Combatants’”, with Lee A. Casey, The Washington Post, July 2, 2007.
“Vice Presidents and the Constitution: Democrats should revisit Clinton executive order”, with Lee A. Casey, The Washington Times, July 6, 2007.
“The Gitmo Distraction”, with Lee A. Casey, The Wall Street Journal, July 9, 2007.
“The Real Wiretapping Scandal”, with Lee A. Casey, The Wall Street Journal, July 30, 2007.
“Too Much FISA Oversight”, with Lee A. Casey, The Los Angeles Times, August 8, 2007.
“There Is Only One Executive”, with Lee A. Casey, The Wall Street Journal, August 29, 2007.
“But Is It War?”, with Lee A. Casey, debating Bruce Fein, ABA Journal, September 2007, Special Edition.
“Surveillance Showdown”, with Lee A. Casey, The Wall Street Journal, September 24, 2007.
“Getting Serious About ‘Torture’”, with Lee A. Casey, The Wall Street Journal, October 22, 2007.
“Judges vs. Jihadis”, with Lee A. Casey, The Wall Street Journal, November 8, 2007.
“Have We Turned the Corner in Iraq?: Keep Your Nerve”, Los Angeles Times (Part 1 - online debate with Brian Katulis), November 12, 2007.
“Stay or Go In Iraq?: No Unrealistic Timetables”, Los Angeles Times, (Part 2 – online debate with Brian Katulis), November 13, 2007.
“The Islamist Tide In Iraq: OBL Shivers”, Los Angeles Times, (Part 3 – online debate with Brian Katulis), November 14, 2007.
“Where are Iraq’s Leaders?: No Time to Run Away”, Los Angeles Times, (Part 4 – online debate with Brian Katulis), November 15, 2007.
“Diplomacy in the Post-9/11 Era: The Weekend Interview with Henry Kissinger”, The Wall Street Journal, November 17-18, 2007.
“Legal Standards and the Interrogation of Prisoners in the War on Terror,” Woodrow Wilson International Center for Scholars, David B. Rivkin, Jr. (Panelist), December 2007.
“Non-State Actors, the U.S. Army, and the law of War: At War with Non-State Entities”, p. 209, with Lee A. Casey, War in the Age of Non-State Actors: Implications for the U.S. Army: The Proceedings of the Combat Studies Institute, 2007 Military History Symposium, December 2007.
“Gitmo Goes to Court”, with Lee A. Casey, The Wall Street Journal, December 6, 2007.
“Results-Oriented Jurisprudence: A Critique of the Supreme Court’s Reliance on Foreign Law”, ABA The International Litigation Quarterly, Winter 2008.
“Justice for the CIA”, with Lee A. Casey, The Wall Street Journal, January 17, 2008.
“Climate change Litigation Since Mass v. EPA”, The Journal of the Federalist Society Practice Groups, Vol. 9, Issue 1, February 2008.
“Toleration and Islamic Law”, with Lee A. Casey, The Wall Street Journal, February 12, 2008.
“Mr. Constitution: The Weekend Interview with Justice Clarence Thomas”, with Lee A. Casey, The Wall Street Journal, March 22-23, 2008.
“Justice for Iraq”, with Lee A. Casey, The Wall Street Journal, March 29-30, 2008.
“The War on Terror Is Not a Crime,” with Lee A. Casey, The Wall Street Journal, April 25, 2008.
“Unsage Advice,” with Carlos Ramos-Mrosovsky, The National Interest, May-June 2008.
“The Myth of Occupied Gaza”, with Lee A. Casey, Washington Post, May 10, 2008.
“Why Bush Must Still Confront Rogue States”, with Lee A. Casey, Wall Street Journal, June 2, 2008.
“Every War Is a Choice”, with Lee A. Casey, Wall Street Journal, June 12, 2008.
“McCain is Right, High Court was Wrong”, with Lee A. Casey, The Washington Times, June 26, 2008.
“Rosner’s Guest”, a weekly exchange with Shmuel Rosner, HAARETZ.com, June 27, 2008.
“Should the U.S. Prosecute Child Soldiers in Military Tribunals at Guantanamo?”, CQ Global Researcher, June 2008.
“After Guantanamo”, with Lee A. Casey, Wall Street Journal, July 2, 2008.
“Jacob’s Syndrome”, with Karl R. Moor, Haaretz, July 13, 2008.
“The ICC’s Blow to Peace Hopes in Darfur”, with Lee A. Casey, The Wall Street Journal, July 23, 2008.
“Dust-Up with Joseph Cirincione”, a week-long exchange, Los Angeles Times, July 28-August 1, 2008.
“Justice At Gitmo”, with Lee A. Casey, The Wall Street Journal, August 1, 2008.
“Border Security Equals Sovereignty”, The Washington Times, August 14, 2008.
“The Kremlin’s ‘Protection’ Racket”, with Lee A. Casey, The Wall Street Journal, August 15, 2008.
“Target the Kremlin Pocketbooks”, with Carlos Ramos-Mrosovsky, The Washington Post, August 27, 2008.
“Good Judges Are More Important Than Ever”, with Lee A. Casey, The Wall Street Journal, September 11, 2008. “Judgment Without Borders”, with Lee A. Casey, Los Angeles Times, October 6, 2008.
“No, Iraq Wasn’t a ‘Distraction’”, with Lee A. Casey, The Wall Street Journal, October 6, 2008.
“Within His Rights”, with Lee A. Casey, Litigation 2008, a Supplement to the American Lawyer & Corporate Counsel, Fall 2008.
“The SEC Should Leave Journalists Alone”, with Bruce D. Brown, The Wall Street Journal, November 7, 2008.
“Pirates Exploit Confusion About International Law”, with Lee A. Casey, The Wall Street Journal, November 19, 2008.
“Unpardonable?”, The Washington Post, December 3, 2008.
“’Libel Tourism’ Threatens Free Speech”, with Bruce Brown, The Wall Street Journal, January 10, 2009.
“The Laws of War Have Served Us Well”, with Lee A. Casey, The Wall Street Journal, January 24, 2009.
“Should Congress and the President Create a Commission to Investigate the Bush Administration’s Counterterrorism Policies, CQ Researcher, January 30, 2009.
“A Truth Commission? The Danger in Democrats’ Rush to Investigate”, with Lee A. Casey, The Washington Post, February 17, 2009.
“Closing Guantanamo Will Damage the War Effort: Turning our war on terror into an insulting and deadly game of catch-and-release”, with Lee A. Casey, PostGlobal by Newsweek/Washington Post.com, February 22, 2009.
“Don’t Blame the Lawyer”, with Lee A. Casey, Legal Times, February 23, 2009.
“Why the D.C. Voting Rights Act Is Wrong”, with Lee A. Casey, The Wall Street Journal, March 14-15, 2009.
“Why Card Check Is Unconstitutional”, with Lee A. Casey, The Wall Street Journal, March 30, 2009.
“The Supreme Court Shouldn’t Be Judging Judges”, LA Times, April 8, 2009.
“The Memos: Torture Redefined”, The New York Times: Room For Debate (a Running Commentary on the News), April 16, 2009.
“The Memos Prove We Didn’t Torture”, with Lee A. Casey, The Wall Street Journal, April 20, 2009.
“OLC Memos”, The Federalist Society Online Debate Series with Andrew McCarthy, Douglas Kmiec, Stephen Vladeck, Bart DePalma, David Luban, Scott Horton and Lee Casey, April 24, 2009.
“Why It’s So Hard to Close Gitmo”, with Lee A. Casey, The Wall Street Journal, May 30-31, 2009.
“Inconsistent Interrogation Tales: Responsibility as well as information must be shared”, with Lee A. Casey, The Washington Times, June 7, 2009.
“Is Government Health Care Constitutional?”, with Lee A. Casey, The Wall Street Journal, June 22, 2009.