The Yale Law Journal

Ariel N. Lavinbuk


Breaking with Custom

Ariel N. Lavinbuk

While considerable attention has been paid to the constitutional and treaty questions before the Court in Hamdan, the case begins with a seemingly straightforward question of customary international law: Does conspiracy, the sole charge against Hamdan, violate the law of war? The question is essenti…


Rethinking Early Judicial Involvement in Foreign Affairs: An Empirical Study of the Supreme Court's Docket

Ariel N. Lavinbuk

114 Yale L.J. 855 (2005)

Mainstream and revisionist scholars advance radically different histories of early judicial involvement in foreign affairs. By reconstructing the foreign affairs docket of the Jay and Marshall Courts, this Note presents empirical evidence with which these claims can be evalua…