Restoring the Global Judiciary

Martin Flaherty

Date: 
Mon, 10/07/2019 - 12:00pm
Location: 
TBA
Audience: 
Princeton University Community: Faculty, Fellows, Students, Staff
Public

Members of the Princeton community receive priority; members of the public are welcome if space is available. Lunch is provided.   

Please join us for a lunchtime book talk with Martin Flaherty, to discuss Restoring the Global Judiciary.

From the Princeton University Press: "In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the 

power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront.

At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs."

Martin Flaherty
Leitner Family Professor, Co-Director, Leitner Center for International Law and Justice
Fordham University School of Law

Martin S. Flaherty is Leitner Family Professor of Law and Founding Co-Director of the Leitner Center for International Law and Justice at Fordham Law School. He is also a Visiting Professor at the Woodrow Wilson School of Public and International Affairs, where he was Fellow in the Program in Law and Public Affairs and a Visiting Professor at the New School in New York. Professor Flaherty has taught at China University of Political Science and Law and the National Judges College in Beijing, and co-founded the Rule of Law in Asia Program at the Leitner Center as well as the Committee to Support Chinese Lawyers, an independent NGO on which he serves as Vice Char: http://www.csclawyers.org. He has also taught at Sungkyunkwan University in Seoul, Queen’s University Belfast, Columbia Law School, Cardozo School of Law, St. John's University School of Law, and the New School. Previously Professor Flaherty served as a law clerk for Justice Byron R. White of the U.S. Supreme Court and Chief Judge John Gibbons of the U.S. Court of Appeals for the Third Circuit.

Flaherty received a BA summa cum laude from Princeton, an MA and MPhil from Yale (in history) and a JD from Columbia Law School, where he was Book Reviews and Articles Editor of the Columbia Law Review. For the Leitner Center, Human Rights First, and the New York City Bar Association, he has led or participated in human rights missions to Northern Ireland, Turkey, Hong Kong, Mexico, Malaysia, Kenya, Romania and China. He is also a member of the Council on Foreign Relations. He is currently the Chair of the Council on International Affairs of the New York City Bar Association, where he was formerly Chair of the Committee on International Human Rights, and is a life member of the Council on Foreign Relations.

Flaherty's publications focus upon constitutional law and history, foreign affairs, and international human rights and appear in such journals as the Columbia Law Review, the Yale Law Journal, the Michigan Law Review, the University of Chicago Law ReviewConstitutional Commentary, the Harvard journal of Law and Policy, the Harvard Human Rights Journal, and Ethics & International Affairs. Selected publications include: “Executive Power Essentialism and Foreign Affairs” [with Curtis Bradley], Michigan Law Review; “The Most Dangerous Branch,” Yale Law Journal; and “History ‘Lite’ in Modern American Constitutionalism,” Columbia Law Review. He has appeared or been quoted in The New York Times, The Boston Globe, The Daily News, Newsday, the PBS Newshour, CNN, MSNBC, NPR, and Fox.