Martin Flaherty

Former Fellow, 2003-2004
Co-Director of the Joseph P. Crowley Program

Home Institution, International Human Rights at Fordham Law School in New York

LAPA Fellow, 2003-2004

LAPA Fellow

 33 West 60th Street, Room 212, New York, NY 10023

 Curriculum Vitae

 Website

 mflaherty17@yahoo.com

 212-636-6857

While at LAPA
Martin Flaherty is Professor of Law and Co-Director of the Joseph P. Crowley Program in International Human Rights at Fordham Law School in New York. His research focuses on Human Rights, Constitutional Law, and Legal History. He earned his A.B. from Princeton, his M.A. and M.Phil. from Yale (in History) and a J.D. from the Columbia Law School. He clerked for Judge John Gibbons and Justice Byron White. At Fordham, he founded the Crowley Program, through which he has led fact-finding missions to Turkey, Hong Kong, Mexico, and Malaysia. His recent publications include "History Right?: Historical Scholarship, Original Understanding, and Treaties as 'Supreme Law of the Land,'" (in the Columbia Law Review) and Presumed Guilty? Criminal Justice and Human Rights in Mexico (2001). While at Princeton, he will complete a book on the role of history in American constitutional interpretation. He will also begin a new project addressing the democratic legitimacy of the international human rights movement.

Publications: 

Publications

 Constitutional & Foreign Relations Law

 “Global Power in and Age of Rights,” in The U.S. Supreme Court and International Law: Continuity or Change?, (William Dodge, Michael Ramsey, David Sloss, eds; Cambridge, forthcoming 2010).

“Constitutional Resolve in a World Changed Utterly,” in The U.S. Supreme Court and International Law: Continuity or Change?, (William Dodge, Michael Ramsey, David Sloss, eds; Cambridge, forthcoming 2010).

“Separation of Powers, the Rule of Law, and Executive “Creativity” in Hamdan v. Rumsfeld,” in Separation of Powers: The U.S. Perspective (D. Sujatha ed. 2009)

 Surrendering the Rule of Law in Foreign Relations, 32 Fordham Int’l L. J. 1154 (2009)

Organs Misused and Used, 53 St. Louis U. L. J. 137 (2008)

 “The Story of the Neutrality Controversy: Struggling Over Presidential Power Outside the Courts” in Presidential Power Stories (Curtis A. Bradley & Christopher H. Schroeder, eds.) (2008).                 

 More Real Than Apparent: Separation of Powers, The Rule of Law, and Comparative Executive “Creativity”in Hamdan v. Rumsfeld, Cato Supreme Court Review 2005-2006 (2006) [exchange with John Yoo].

The Most Dangerous Branch Abroad, 30 Harvard Journal of Law and Public Policy 1 (2006) [exchange with Michael Ramsey].

Impeachment in Oxford Companion to the Supreme Court (Oxford:  Kermit Hall, et. al, eds., 3d ed. 2005).

Introduction, Medellin v. Dretke – Federalism, International Law, and the Supreme Court in 43 Columbia Journal of Transnational Law 667 (2005). 

Executive Power Essentialism and Foreign Affairs, 102 Michigan Law Review 525 (2004) [with Curtis A. Bradley]

The Future and Past of U.S. Foreign Affairs Law, 67 Law and Contemporary Problems 169 (2004)

Byron White, Federalism, and the Greatest Generation(s), 74 Colorado Law Review (2003)

The Better Angels of Self-Government, 71 Fordham Law Review 1773 (2003)

John Marshall, McCulloch v. Maryland, and “We the People”: Revisions in Need of Revising, 43 William and Mary Law Review 1339 (2002)

Constitutional Asymmetry, 69 Fordham Law Review 2073 (2001)

Aim Globally, 17 Constitutional Commentary 205 (2000)

History Right?: Historical Scholarship, Original Understanding, and Treaties as “Supreme Law of the Land,” 99 Columbia Law Review 2095 (1999)

 Are We to Be A Nation?: “States’ Rights” and the Treaty Power, 70 Colorado Law Review (Symposium) 1277 (1999)

More Apparent Than Real: The Revolutionary Commitment to Constitutional Federalism, 45 Kansas Law Review (Symposium) 1993 (1997)

The Practice of Faith, 65 Fordham Law Review (Symposium) 1565 (1997)

Relearning Founding Lessons: Joint Accountability and the Removal Power, 47 Case Western Reserve Law Review (Symposium) 1563 (1997)

The Most Dangerous Branch, 105 Yale Law Journal 1725 (1996)

History "Lite" and Modern American Constitutionalism, 95 Columbia Law Review 523 (1995)

International and Human Rights Law

Judicial Globalization in the Service of Self-Government, 20 Ethics & International Affairs 477 (2006).

Separation of Powers in a Global Context, in Judges, Transition, and Human Rights Cultures:  Essays in Honour of Stephen Livingstone (John Morrison and Colin Harvey, eds., 2006)

Rawls, Rights, and Reality, in Universal Human Rights and Bulwarks of Localism (Christopher Eisgruber and Andras Sajo, eds. 2005)

Exporting Despair: U.S. Aid Policy and the Right to Health, 28 Fordham International Law Journal 1 (2005) [with Tracy Higgins and Mehlika Hoodbhoy].

Rights, Reality, and Utopia in Symposium: Rawls and the Law, 72 Fordham Law Review 1789 (2004)

Unjust Order: Malaysia’s Internal Security Act (Crowley Program 2003) [Co-author and editor]

Unjust Order: Malaysia’s Internal Security Act, 27 Fordham International Law Journal 1 (2003) [Co-author and editor]

Interim Report on the Rule of Law, Democracy and the Protection of Fundamental Rights in Hong Kong, 57 Record of the Association of the Bar of the City of New York 397 (2002) [Co-author and editor]

Presumed Guilty?  Criminal Justice and Human Rights in Mexico (Crowley Program & Centro de Derechos Humanos Agustín Pro Juárez, 2001) [Co-author and editor]

Presumed Guilty?  Criminal Justice and Human Rights in Mexico, 24 Fordham International Law Journal 1 (2000) [Co-author and editor]

One Country, Two Legal Systems?: A Report on the Rule of Law in Hong Kong Two Years After the Resumption of Chinese Sovereignty, 55 Record of the Association of the Bar of the City of New York 325 (2000) [Co-author and editor]

One Country, Two Systems?: The Rule of Law, Democracy, and Rights in Post-Handover Hong Kong, 23 Fordham International Law Journal 1 (1999) [Co-author and editor]

Obstacles to Reform: Human Rights in Turkey (Lawyers Committee for Human Rights, 1999) [Co-author and editor]

Justice on Trial: Human Rights Violations in Turkey, 22 Fordham International Law Journal 2129 (1999) [Co-author and editor]

At the Crossroads: Human Rights and the Northern Ireland Peace Process (Lawyers Committee for Human Rights, 1996)  [Co-author and editor]

Interrogation, Legal Advice, and Human Rights in Northern Ireland, 27 Columbia Human Rights Law Review 1 (1995)

Human Rights Violations Against Defense Lawyers, 7 Harvard Human Rights Journal 87 (1994)

Human Rights and Legal Defense in Northern Ireland (Lawyers Committee for Human Rights, 1993) [Principal author]        

History

Book Review, Originalism, Federalism, and the American Constitution: A Historical Inquiry by Edward A. Purcell, 29 Journal of the Early Republic 741 (2009).

 Review Essay, Post-Originalism, reviewing David P. Currie, The Constitution in Congress: The Jeffersonians, 68 University of Chicago Law Review 1089 (2001)

The Irish Articles of Religion in Law as Culture and Culture as Law: Essays in Honor of John Phillip Reid (2000)

Book Review, The Other Founders by Saul Cornell, 44 American Journal of Legal History 320 (2000)

From a Reidian Perspective in Law as Culture and Culture as Law: Essays in Honor of John Phillip Reid (2000)

Book Review, Negotiating the Constitution: The Earliest Debates Over Original Intent by Joseph M. Lynch, 44 American Journal of Legal History 96 (2000)

History in Constitutional Argumentation in Encyclopedia of the American Constitution, Supplement II (2000)

Book Review, Original Meanings: Politics and Ideas in the Making of the Constitution by Jack N. Rakove, 41 American Journal of Legal History 518 (1997)

Book Review, Neither Kingdom Nor Nation by Neil Longley York, 15 Law And History Review 167 (1997)

Book Review, Constitutional History of the American Revolution: The Authority to Legislate by John Phillip Reid, 11 Law and History Review 197 (1993)

Note, The Empire Strikes Back, Annesley v. Sherlock and the Triumph of Imperial Parliamentary Supremacy, 87 Columbia Law Review 593 (1987)