The assault on international law

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PROLOGUE: DRAMATIS PERSONAE

1. The Office of Legal Counsel

2. The Emergence of the New Realists

3. Conclusion

CHAPTER ONE: GAMING THE FEDERAL COURTS

1. The Erie Doctrine 2.0

2. The Filartiga Era: Enforcing International Law at Home

3. Filartiga's Demise, Parochialism's Rise

4. The New Realists go to Washington

5. International Law as Interpretive Guidance

6. Conclusion

CHAPTER TWO: PRESIDENTS AND LEVIATHANS

1. Public Opinion and Law

2. Presidential Power: The New Realist's Normative Argument

3. Democratic Decision-making versus Schmittology

4. Executive Action During Emergencies

5. Why Schmittian Administrative Law is Not Inevitable

6. Conclusion

CHAPTER THREE: THE ATTACK: MISUNDERSTANDING RATIONALITY

1. The Game Theory Game

2. The Prisoner's Dilemma and Nash Equilibrium

3. Law and Self-Interest

4. Objections to the Moral Obligation of States

CHAPTER FOUR: SOLVING THE PRISONER'S DILEMMA OF INTERNATIONAL LAW

1. The Toxin Puzzle and Taking the Long View

2. The Deterrence Paradox and the Limits of Follow-Through

3. Assurances and Cooperation

4. Why the New Realists Fail to Understand Rationality

5. Rationality and Obligation

CHAPTER FIVE: WAR AS COOPERATION

1. War as Cooperation

2. Who can be Targeted? Combatants, Civilians, and CCFers

3. Geographical Constraints on Armed Conflict

4. Co-Applying the Laws of War with Human Rights

CHAPTER 6: REENGAGING INTERNATIONAL INSTITUTIONS

1. Global Legalism vs. Rational Choice: A False Dichotomy

2. Does Globalization Need Taming?

3. The United Nations

4. The International Court of Justice

5. The International Criminal Court.