[Congressional Record (Bound Edition), Volume 155 (2009), Part 12]
[Senate]
[Pages 15868-15873]
[From the U.S. Government Publishing Office, www.gpo.gov]




                             KOH NOMINATION

  Mr. SPECTER. Mr. President, I have sought recognition to speak on 
behalf of Dean Harold Koh, dean of the Yale Law School, for 
confirmation to the position of Legal Adviser to the Department of 
State. I know Dean Koh personally. I have known him for more than a 
decade while he has taught at Yale and been the dean of the Yale Law 
School. He spoke at a class reunion. I was in the Yale Law School class 
of 1956 and hosted a reunion here in the Capitol on June 6, 2008. He 
was greeted by a number of prominent Members of the Senate at that 
time. I make these comments about my personal association with him in 
the interest of full disclosure, but the thrust of my recommendation is 
based upon his extraordinary record.
  Harold Koh graduated from Harvard College, also Harvard Law School. 
He graduated Harvard College summa cum laude in 1975. He was Marshall 
Scholar at Oxford University, where he got a master's degree in 1977. 
He graduated cum laude from the Harvard Law School in 1980, where he 
was developments editor of the Harvard Law Review. He then clerked for 
Judge Richard Wilkey in the Court of Appeals for the District of 
Columbia, then for Supreme Court Justice Harry Blackmun. He then worked 
as a lawyer with the distinguished Washington firm Covington & Burling 
and then as Attorney-Adviser in the Department of Justice's Office of 
Legal Counsel. He then served in the Clinton administration as 
Assistant Secretary of State, was unanimously confirmed by the Senate, 
and served there from 1998 to 2001 when he returned to the Yale Law 
School, becoming its dean some 5 years ago.
  He comes from a very distinguished family. His father was the first 
Korean lawyer to study in the United States. He attended Harvard Law in 
1949. He was then counsel for--the father, that is--for the first 
Korean democratic government. When a military coup occurred, he left 
that position. He was the first Korean to teach at the Yale Law School 
in 1969.
  Dean Koh has an extraordinary record. His curriculum vitae fills 8 
pages of very small print. He has a long list of honorary degrees. He 
received a number of medals. His list of honors and awards goes on 
virtually indefinitely; his publications, books, and monographs occupy 
six and a half pages; his selected legal activities, another half a 
page; lectures that he performed, many; teaching activities, 
voluminous; boards of editors, professional affiliations, 
presentations, workshops, boards, bars, member of the bars with which 
he is associated.
  I ask unanimous consent to have this full text printed in the Record 
at the conclusion of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. SPECTER. It is going to be extensive, but it is worth it. I have 
been a Member of this body for some time. I have never seen anyone with 
this kind of a resume. And I am going to ask Senator Byrd the next time 
I see him if he knows of anybody who has a resume which is this 
extensive and this impressive.
  When you characterize the best and the brightest, Harold Koh would be 
at the top of the list. It would be hard to find anybody with a better 
record than Dean Harold Koh. His experience in international law is 
extensive, as in human rights. He would be an ideal Legal Adviser to 
the Department of State with his background and his experience. He has 
judgment, and he has balance. From my personal knowledge, I have total 
confidence that he will apply his legal knowledge and his background in 
a wise and sagacious way. He testified before the Judiciary Committee 
when I chaired the committee and in every way is exemplary.
  It is a little surprising to me that it is necessary to have a 
cloture vote, to have 60 votes to take up the nomination of Dean Koh. 
But considering the politics of Washington and considering the politics 
of the Senate, perhaps we should not be surprised at anything. But 
having a very high surprise threshold, I say that I am surprised Dean 
Koh would require 60 votes to reach a confirmation vote. I urge anybody 
who has any doubts about the caliber of this man to get out their 
glasses, or you may need a magnifying glass to read all of his 
accomplishments. But certainly it would be a travesty if a man such as 
this was not confirmed.
  In an era where we are trying so hard to bring quality people into 
government and so many people shun government because of the hoops and 
hurdles someone has to go through--Dean Koh would be exhibit A of the 
hoops and hurdles--it would be very discouraging for anybody else 
applying for a position which requires Senate confirmation. As strongly 
as I can, I urge his confirmation.

                               Exhibit 1

                            Yale Law School


                               Employment

       2004: Dean of Yale Law School
       1993: Gerard C. and Bernice Latrobe Smith Professor of 
     International Law, Yale Law School (Procedure, International 
     Human Rights, International Business Transactions, 
     Constitution and Foreign Affairs, International Trade, 
     International Organizations, International Law and Political 
     Science)
       1998-2001: Assistant Secretary of State for Democracy, 
     Human Rights and Labor United States Department of State; 
     Commissioner, Commission for Security and Cooperation in 
     Europe; U.S. Delegate or Head of Delegation to United Nations 
     General Assembly (Third Committee), the United Nations Human 
     Rights Commission, the Organization of American States, the 
     Council of Europe, the Organization for Security and 
     Cooperation in Europe, the U.N. Committee Against Torture, 
     Inaugural Community of Democracies Meeting (Warsaw 2000); 
     U.N. Conference on New and Restored Democracies (Cotonou, 
     Benin 2000)
       1993-1998: Director, Orville H. Schell Jr., Center for 
     International Human Rights, Yale Law School
       1996-97: Visiting Fellow, All Souls College, Oxford 
     University and Waynflete Lecturer, Magdalen College, Oxford 
     University
       1993: Visiting Professor, Hague Academy of International 
     Law
       1990-93: Professor, Yale Law School
       1990, 2002: Visiting Professor of International Law, 
     Faculty of Law, University of Toronto (intensive courses in 
     international business and human rights law)
       1985-90: Associate Professor, Yale Law School
       1983-85: Attorney-Adviser, Office of Legal Counsel, United 
     States Department of Justice
       1982-85: Adjunct Assistant Professorial Lecturer in Law, 
     George Washington University National Law Center
       1982-83: Associate, Covington & Burling, Washington, DC
       1981-82: Law Clerk to Hon. Harry A. Blackmun, Associate 
     Justice, United States Supreme Court
       1980-81: Law Clerk to Hon. Malcolm Richard Wilkey, Circuit 
     Judge, United States Court of Appeals, D.C. Circuit
       1978-79: Teaching Fellow, First-Year Legal Methods Program, 
     Harvard Law School (Contracts and Civil Procedure)


                                Degrees

       1980: Harvard Law School, J.D. cum laude
       Developments Editor, Harvard Law Review; Tutor, Mather 
     House, Harvard College
       1977: Magdalen College, Oxford University, Honours B.A. in 
     Philosophy, Politics & Economics with First-Class Honours; 
     (M.A. 1996);

[[Page 15869]]

     Marshall Scholar; Magdalen College Underhill Exhibitioner; 
     President, Magdalen College Middle Common Room
       1975: Harvard College, Harvard University A.B. in 
     Government, Summa Cum Laude; Phi Beta Kappa; Harvard National 
     Scholar; Charles Bonaparte Scholar (Outstanding Junior 
     Government Major); Harvard Club of Southern Connecticut 
     Distinguished Senior; National Merit Scholar; State of 
     Connecticut Scholar


                            Honorary Degrees

       2009: New School for Social Research
       2008: Iona College
       2008: Jewish Theological Seminary
       2005: University of Hartford
       2005: Widener School of Law
       2002: Doctor of Laws, Skidmore College
       2001: Doctor of Laws, Connecticut College
       2000: Doctor of Laws, University of Connecticut; Doctor of 
     Humane Letters, Dickinson College
       1999: Doctor of Laws, Suffolk Law School; Doctor of Humane 
     Letters, Albertus Magnus College
       1998: Doctor of Laws, CUNY-Queens Law School
       1990: M.A., Yale University


                                 Medals

       2008: Western New England School of Law
       2004: Presidential Medal, Central Connecticut State College
       2000: Villanova Medal, Villanova Law School
       2000: Arthur J. Goldberg Award, Jacob Fuchsberg Law Center, 
     Touro Law School


                        Other Honors and Awards

       2008: Judith Lee Stronach Human Rights Award, given for 
     outstanding contribution to global justice by the Center for 
     Justice and Accountability, San Francisco 7th Annual Sengbe 
     Pieh Award, First and Summerfield United Methodist Church
       IRIS Human Rights Award
       2007: Green Bag Award for ``exemplary writing in a long 
     article'' Green Bag Almanac and Reader (2007)
       2007, 8, 9 Lawdragon 500 Leading Lawyers in America
       2007-08: Connecticut Bar Association Young Lawyers Section 
     Diversity Award
       2007: Pacific Islander, Asian, and Native American (PANA) 
     Distinguished Service Award
       2006: Philip Burton Award for Advocacy, Immigrant Legal 
     Resource Center
       2006: Boston College 75th Anniversary Celebration Law 
     School's Distinguished Service Award
       Asian American Bar Association of New York Award
       The Asian American Law Students Association (Pace Law 
     School) Award of Distinction
       2006: Named one of the Top Connecticut Super Lawyers by 
     Connecticut Magazine (International Law)
       2005: Louis B. Sohn Award, given by the International Law 
     Section of the American Society of International Law for 
     Lifetime Achievement in International Law
       2005: Equal Access to Justice Award, New Haven Legal 
     Assistance
       2005: Allies for Justice Award
       ABA National Lesbian and Gay Law Association
       100 Most Influential Asian Americans of the 1990s, A 
     Magazine
       2002: Wolfgang Friedmann Award, given by Columbia Journal 
     of Transnational Law ``to an individual who has made 
     outstanding contributions to the field of international law''
       2002: Connecticut Bar Association Distinguished Public 
     Service Award
       2002: John Quincy Adams Freedom Award, Amistad America
       2001: Korean American Coalition Public Service Award
       2000: Institute for Corean-American Studies Liberty Award
       1999; 1994: FACE (Facts About Cuban Exiles) Excellence 
     Award
       1997: Public Sector 45'' (45 leading American Public Sector 
     Lawyers Under the Age of 45), American Lawyer Magazine
       1997: Named one of nation's leading Asian-American 
     Educators, Avenue Asia Magazine
       Asian-American Lawyer of the Year, Asian-American Bar 
     Association of New York
       1995: Trial Lawyer of the Year Award, Trial Lawyers for 
     Public Justice (co-recipient)
       1994: Cuban-American Bar Association
       1994: Political Asylum Immigration Representation Project
       1994: Asian-American Lawyers of Massachusetts
       1994: Haiti 2004
       1994: Korean-American Alliance
       1993: Asian Law Caucus
       1993: Asian-American Legal Defense & Education Fund, 
     Justice in Action Award
       1992: Co-recipient, American Immigration Lawyers' 
     Association Human Rights Award
       1991: Richard E. Neustadt Award, Presidency Research 
     Section, American Political Science Association


                              Fellowships

       Fellow, American Philosophical Society (2007-); Honorary 
     Fellow, Magdalen College (2002-); Fellow, American Academy of 
     Arts and Sciences (2000-); Guggenheim Fellow (1996-97); 
     Twentieth Century Fund Fellow (1996-), Visiting Fellow, All 
     Souls College, Oxford (1996-97); James Cooper Lifetime 
     Fellow, Connecticut Bar Association (2006-)


                              Publications

                          Books and Monographs

       Transnational Litigation in United States Courts (2008) 
     (Foundation Press)
       Transnational Business Problems (4th ed. 2008) (Foundation 
     Press), with Detlev F. Vagts & William S. Dodge
       Foundations of International Law and Politics (with Oona A. 
     Hathaway)
       The International Human Rights of Persons with Intellectual 
     Disabilities: Different but Equal (Oxford University Press 
     2002) (with Stanley Herr and Lawrence Gostin, eds)
       Deliberative Democracy and Human Rights (with Ronald C. 
     Slye) (Yale University Press 1999) (translated into Spanish)
       International Business Transactions in United States 
     Courts, Recueil des Cours (Martinus Nijhoff 1998) (Monograph 
     of Lectures in Private International Law at The Hague Academy 
     of International Law)
       Transnational Legal Problems (with Henry Steiner & Detlev 
     Vagts) (Foundation Press 4th ed. 1994) and Documentary 
     Supplement (1994)
       The National Security Constitution: Sharing Power After the 
     Iran-Contra Affair (Yale University Press 1990) (Winner, 
     Richard E. Neustadt Award, awarded by the Presidency Research 
     Section, American Political Science Association, to the best 
     book published in 1990 that contributed most to research and 
     scholarship on the American Presidency)
       Justice Harry A. Blackmun Supreme Court Oral History 
     Project, Federal Judicial Center/Supreme Court Historical 
     Society (Editor 1996) (public release 2004)


                       Articles and Book Chapters

       Commentary in Michael W. Doyle, Striking First: Preemption 
     and Prevention in International Conflict 99 (2008)
       Human Rights and National Security: Chapter in Mark Green, 
     et al., eds, Change for America: Progressive Blueprint for 
     the Next Administration (2008)
       Keynote Address: A Community of Reason and Rights, 77 
     Fordham L. Rev. 583 (2008)
       A Day in Court Denied The Washington Post, Monday, March 
     31, 2008 Page A19
       No Torture. No Exceptions. The Washington Monthly, January/
     February/March 2008
       Tom Eagleton: True Senator, 52 St. Louis U. L Journal 25 
     (2008)
       Mirjan Damaska: A Bridge Between Two Cultures, in Maximo 
     Langer, et al., Festschrift for Mirjan Damaska (2008)
       Sale v. Haitian Centers Council: Guantanamo and Refoulement 
     (with Michael J. Wishnie), in Ford, Hurwitz & Satterthwaite, 
     Human Rights Advocacy Stories (2000)
       Repairing America's Human Rights Reputation, 40 Cornell 
     Int'l L.J. 635 (2007)
       Is there a ``New'' New Haven School of International Law? 
     32 Yale Law Journal 559 (2007)
       ``Repair America's Human Rights Reputation''--op-ed 
     appeared in the Summer 2007 issue of the Yale Law Report as 
     part of a collection of op-eds written by Yale Law School 
     faculty members
       Filartiga v. Pena-Irala: Judicial Internalization of the 
     Customary International Law Norm Against Torture in 
     International Law Stories (Noyes, Dickinson & Janis, eds.; 
     Law Stories Series, Foundation Press 2007)
       Tom Eagleton: True Senator, 52 SLU L. Rev. 1 (2007)
       Preface to Eugene Fidell, Beth Hillman & Dwight Sullivan, 
     Military Justice: Cases and Materials (2007)
       Preface to William J. Aceves, The Anatomy of Torture: A 
     Documentary History of Filartiga v. Pena-Irala (2007)
       The Future of Lou Henkin's Human Rights, Movement, 38 Col. 
     H.Rts Rev. 487 (2007)
       The Bright Lights of Freedom, NPR: THIS I BELIEVE, Jay 
     Allison & Dan Gediman, eds., (New York: Henry Holt & Company, 
     2006) 141-143; paperback edition (2007)
       America and the World, 2020, in THE CONSTITUTION IN 2020 
     (Siegel & Balkin eds. 2009)
       In Memoriam: Robert F. Drinan, S.J. (1920-2007) 95 
     Georgetown Law Journal 1709 (2007)
       The Activist: Robert S. Drinan S.J., Stirring the Human 
     Rights Revolution, BC Law Magazine 7 (Summer 2007) (tribute 
     to Father Drinan)
       A World Drowning in Guns, INTERNATIONAL LAW AND 
     INTERNATIONAL RELATIONS: BRIDGING THEORY AND PRACTICE, Thomas 
     J. Biersteker, Peter J. Spiro, Chandra Lekha Sriram, and 
     Veronica Raffo, eds., (London: Routledge Press, 2006) 59
       Louis B. Sohn: Present at the Creation, Harvard 
     International Law Journal, 2006
       Unveiling Justice Blackmun, 72 Brooklyn L. Rev. 9 (2006)
       Setting the World Right, 115 Yale L.J. 2350 (2006)
       Why Transnational Law Matters, 24 Penn State Int'l L. Rev. 
     745 (2006)
       The Healing Wisdom of Jay Katz, 6 Yale J. Health Policy, 
     Law and Ethics 397 (Spring 2006)
       Harry Andrew Blackmun, in Yale Biographical Dictionary of 
     American Law (2007)
       ``The New Global Slave Trade,'' Displacement, Asylum, 
     Migration 232 (Oxford Amnesty Lectures) (Kate Tunstall ed. 
     2006)
       ``A Law Unto Itself?,'' Yale L.J. (The Pocket Part), March 
     2006

[[Page 15870]]

       Tribute to President Francis Daly Fergusson, upon her 
     retirement from Vassar College, Vassar Quarterly, ``Energy in 
     the Executive''
       ``Can the President Be Torturer in Chief?,'' Ind. L. Rev. 
     81:1145 (winner 2007 Green Bag Award for ``exemplary writing 
     in a long article'' Green Bag Almanac and Reader (2007)
       ``Mark Janis and the American Tradition of International 
     Law,'' Conn. J. Int'l L.
       ``Captured by Guantanamo''
       Choosing Heroes Carefully (Tribute to John Hart Ely), 57 
     Stan. L. Rev. 723 (2005)
       ``The Bright Lights of Freedom,'' This I Believe, NPR
       ``The Value of Process,'' in Why Obey International Law?, 
     10 Int' Legal Theory 1 (2004)
       ``Standing Together,'' 15 Law & Sexuality, 15:1
       ``Internalization Through Socialization,'' Duke L.J. 54: 
     975 (2005)
       ``Commentary: A World Drowning in Guns,'' in International 
     Law and International Relations 59-76 (Thomas Biersteker, 
     Veronica Raffo, Peter Spiro and Chandra Sriram, eds Routledge 
     2006)
       Preface to Jaya Ramji & Beth van Schaack, Bringing the 
     Khmer Rouge to Justice: Prosecuting Mass Violence Before the 
     Cambodian Courts
       The Ninth Annual John W. Hager Lecture, The 2004 Term: The 
     Supreme Court Meets International Law, Tulsa Journal of 
     Comparative & International Law 12: 1 (2004)
       ``The Wolfgang Friedmann Lecture: A World Without 
     Torture,'' Columbia Journal of Transnational Law (2005)
       International Law as Part of Our Law, 98 Am. J. Int'l Law 
     43 (2004)
       Separating Myth and Reality about Corporate Responsibility 
     Litigation, 7 J. Intl Econ. L. 263 (2004)
       Snatched in Sudan, Captive in Khartoum, Times Higher 
     Education Supplement, Feb. 20, 2004
       Advice to the Next High Commissioner, Columbia Human Rights 
     L. Rev. 2003
       Transnational Legal Process After September 11, 22 Berkeley 
     J. Int'l L. (2004)
       Rights to Remember, Economist, November 2003 at 24
       American Diplomacy and the Death Penalty (with Thomas 
     Pickering) 80 Foreign Service Journal 19 (October 2003)
       ``On America's Double Standard: The Good and Bad Faces of 
     American Exceptionalism,'' American Prospect (October 2004)
       ``America's Jekyll and Hyde Exceptionalism,'' chapter in 
     Michael Ignatieff, American Exceptionalism and Human Rights 
     (Princeton University Press 2005)
       On American Exceptionalism, 55 Stan. L. Rev. (2003)
       A World Drowning in Guns, 71 Fordham L. Rev. (2003)
       Why the United States should ratify the Convention for the 
     Elimination of Discrimination Against Women (CEDAW), 34 Case 
     W. Res. L. Rev. 258 (2002)
       Tribute to John Sexton, 60 Annual Survey of American Law 
     (2003) (tribute to John Sexton)
       A Tribute to Tom the Frank, 35 NYU Journal Int'l L. & Pol. 
     (2003) (tribute to Thomas Franck)
       The Law Under Stress After September 11, 31 Int'l Legal 
     Info. 317 (2003)
       International Human Rights of Persons with Mental 
     Disabilities, 63Md. L. Rev. 1 (2004)
       Wrong on Rights, Yaleglobal Online (2004)
       In Memoriam: Dean Eugene V. Rostow, Yale Law Report 16 
     (Summer 2003)
       Paying ``Decent Respect'' to the World Opinion on the Death 
     Penalty, 35 U.C. Davis L. Rev. 1085 (2002)
       Paying Decent Respect to International Tribunal Rulings, 
     2002 Proceedings of the American Society of International Law
       Against Military Tribunals, Dissent Magazine 58 (Fall 2002)
       One Year Later, America Deserves Mixed Reviews, Yale Daily 
     News (September 13, 2002)
       A Better Way to Deal with Iraq, Hartford Courant, October 
     20, 2002
       ``Preserving Our Values: The Challenge At Home and 
     Abroad,'' chapter 6 in The Age of Terror: America and the 
     World After September 11 at 143 (Strobe Talbott & Nayan 
     Chanda, eds. Basic Books 2002)
       ``The Spirit of the Laws,'' 43 Harv. Int'l L.J. 23 (2002)
       ``The 2001 Richard Childress Memorial Lecture: A United 
     States Human Rights Policy for the 21st Century,'' 46 St. 
     Louis U. L. J. 293 (2002) (special issue with nine 
     commentators)
       ``The Case Against Military Commissions,'' 96 Am. J. Int'l 
     L. 337 (April 2002)
       ``Transnational Legal Process Illuminated,'' in 
     Transnational Legal Processes: Globalisation and Power 
     Disparities 327 (Michael Likosky ed. Butterworths Press 2001)
       ``The Globalization of Freedom,'' 26 Yale J. Int'l L. 305 
     (2001)
       ``A Passion for Service,'' 45 N.Y.L.S. L. Rev. 17 (2001) 
     (tribute to Harry Wellington)
       ``An Uncommon Lawyer,'' 42 Harv. Int'l L.J. 7 (2001) 
     (tribute to Abram Chayes)
       ``We Have The Right Courts for Bin Laden,'' N.Y. Times, 
     Nov. 23, 2001 at A39
       Six Civil Rights Experts Weigh in on Sept. 11, Time.com, 
     12-1-01
       ``The U.S. Can't Allow Justice to Be Another War 
     Casualty,'' The Los Angeles Times; Dec. 17, 2001 at B11
       ``The Best Defense: Article I,'' The Hartford Courant 
     (September 16, 2001)
       ``America the Pariah,'' Project Syndicate (August 2001) (op 
     ed piece published in 20 foreign newspapers)
       ``Estados Unidos y Europa, divididos por la pena de 
     muerte,'' LA NACION (Argentina) July 23, 2001
       ``A Dismal Record on Executing the Retarded,'' New York 
     Times (June 14, 2001)
       ``A Wake Up Call on Human Rights'' Washington Post (May 8, 
     2001)
       ``A Breakthrough in North Korea,'' Washington Post 
     (November 2, 2000)
       ``Complementarity Between International Organisations on 
     Human Rights/The Rise of Transnational Networks as the 
     ``Third Globalization,'' 21 Human Rights Journal 307 (2000)
       ``The Third Globalization: Transnational Human Rights 
     Networks,'' Introduction to the 1999 Human Rights Report, 
     U.S. Dept. of State, Country Reports on Human Rights 
     Practices for 1999 at xv (vol. 1) (2000)
       ``The Right to Democracy,'' Introduction to the 1998 Human 
     Rights Report, U.S. Dept. of State, Country Reports on Human 
     Rights Practices for 1998 at xv (vol. 1) (1999)
       ``1998 Harris Lecture: How Is International Human Rights 
     Law Enforced?'' 74 Indiana L. J. 1397 (1999)
       ``1998 Frankel Lecture: Bringing International Law Home,'' 
     35 Houston L. Rev. 623 (1998)
       ``Is International Law Really State Law?'', 111 Harv. L. 
     Rev. 1824 (1998)
       ``Why Do Nations Obey International Law?'', 106 Yale L.J. 
     2599 (1997)
       ``Ten Lessons About Appellate Oral Argument,'' 71 
     Connecticut Bar Journal 218 (1997)
       ``Congressional Protection of International Human Rights,'' 
     170 Fed. R. D. 285 (1997)
       ``Book Review, Chayes & Chayes, The New Sovereignty,'' 91 
     American Journal of International Law 389 (1997)
       ``War and Responsibility in the Dole/Gingrich Congress,'' 
     50 Miami L. Rev. 1 (1996)
       ``Transnational Legal Process,'' 75 Neb. L. Rev. 181 (1996)
       ``The Constitution,'' in Encyclopedia of U.S. Foreign 
     Relations (Oxford University Press 1996)
       ``A World Transformed,'' 20 Yale Journal of International 
     Law vii (1995)
       ``America's Offshore Refugee Camps,'' 29 Richmond L. Rev. 
     139 (Allen Chair 1994)
       ``Refugees, The Courts, and the New World Order,'' 1994 
     Utah L. Rev. 999
       ``The `Haiti Paradigm' in United States Human Rights 
     Policy,'' 103 Yale L.J. 2391 (1994)
       ``Democracy and Human Rights in U.S. Foreign Policy?: 
     Lessons from the Haitian Crisis,'' 48 SMU L. Rev. 189 (1994)
       ``The Haitian Refugee Litigation: A Case Study in 
     Transnational Public Law Litigation,'' 18 Md. J. Int'l L & 
     Trade 1 (1994)
       ``Reflections on Refoulement and Haitian Centers Council,'' 
     35 Harv. Int'l L.J. 1 (1994)
       ``Who Are the Archetypal `Good' Aliens?'' 88 American 
     Society of International Law Proc. 450 (1994)
       ``Justice Blackmun and the 'World Out There','' 104 Yale 
     L.J. 23 (1994)
       Broadening Access to International Law Resources Through 
     New Technology,'' 89 American Society of International Law 
     Proc.--(1995)
       ``Aliens in Our `Beloved Community,''' Smithsonian Working 
     Paper (1995)
       ``One Step Forward, One Step Back,'' Miami Herald, May 4, 
     1995 A27
       Alliance for Justice, ``First Monday,'' October 3, 1994 
     (video panel)
       ``Terms for Assessment,'' Roundtable on Justice Blackmun, 
     ABA Journal 52 (July 1994)
       ``Justice Done,'' New York Times, Apr. 8, 1994, at A27
       ``The Justice Who Grew,'' 1994 J. S.Ct. Hist. 5 (1994)
       ``DIANA: A Human Rights Data Base,'' 16 Human Rights 
     Quarterly 753 (1994) (with N. Finke, T. Fitchett, and R. 
     Slye)
       ``Bitter Fruit of the Asian Immigration Cases,'' 6 
     Constitution 68 (1994) (reproduced in Cong. Record, Jan. 6, 
     1995 at S569)
       ``Standing Up for Principle: A Personal Journey,'' 5 Korean 
     and Korean-American Studies Bulletin 4 (1994)
       ``A Tribute to Justice Harry A. Blackmun,'' 108 Harv. L. 
     Rev. 20 (1994)
       Remarks at Proceedings Held on the Occasion of the 
     Induction of Jose A. Cabranes As U.S. Circuit Judge, 2d Cir. 
     (Sept. 26, 1994)
       ``The New New International Economic Order,'' 87 American 
     Society of International Law Proc. 259 (1994)
       ``Aliens and the Duty of Nonrefoulement: Haitian Centers 
     Council, Inc. v. McNary,'' 6 Harvard Human Rights Journal 1 
     (1993) (with the Lowenstein Human Rights Clinic)
       ``The Role of the Courts in War Powers Cases,'' in 
     Constitutional Government and Military Intervention After the 
     Cold War (M. Halperin & G. Stern eds.) (Westview Press 1993)
       ``The President Versus the Senate in Treaty Interpretation: 
     What's all the Fuss About?'' 15 Yale Journal of International 
     Law 331 (1990)
       ``Reply to Book Reviews of The National Security 
     Constitution: Sharing Power After the Iran Contra Affair, 15 
     Yale Journal of International Law 382 (1990)

[[Page 15871]]

       ``A History of the Fast Track Approval Mechanism,'' Chap. 
     1, A. Holmer & J. Bello, eds., The Legislative Fast Track: 
     Its Illustrative Use for the U.S.-Canada Free Trade Agreement 
     (Prentice Hall 1990)
       ``The Iran-Contra Affair,'' The Guide to American Law 
     Yearbook 1990 (West 1990)
       ``The Human Face of the Haitian Interdiction Program,'' 33 
     Virginia Journal of International Law 483 (1993)
       ``Two Cheers for Feminist Procedure,'' 61 University of 
     Cincinnati Law Review 1201 (1993)
       ``Protecting the Office of Legal Counsel from Itself,'' 15 
     Cardozo Law Review 1601 (1993)
       ``The War Powers Resolution,'' in Cold War Patriot and 
     Statesman: Richard M. Nixon 321 (L. Friedman and W. 
     Levantrosser, eds.) (Greenwood Press, 1993)
       ``Against Specialization in The Teaching of International 
     Law,'' Contemporary International Law Issues: Sharing Pan-
     European and American Perspectives 198 (1992)
       ``The Fast Track and United States Trade Policy,'' 18 
     Brooklyn J. Int'l L. 143 (1992)
       ``Dollar Diplomacy/Dollar Defense: The Fabric of Economics 
     and National Security Law,'' 26 International Lawyer 715 
     (1992) (with John Choon Yoo)
       ``Los regimenes de formulacion de politica comercial del 
     Congreso y del Ejecutivo estadunidenses y su relacion con un 
     posible acuerdo de libre comercio entre Canada, Mexico y 
     Estados Unidos,'' Mexico/Estado Unidos 1990 at 193 (G. Vega 
     ed. 1992)
       Remarks at Presentation of the Portrait of the Honorable 
     Malcolm R. Wilkey, 992 F.2d lxxi (1993) (U.S. Ct. App. D.C. 
     Dec 17, 1992)
       Selections, Encyclopedia of the American Presidency (1993)
       Closed Door Policy for Refugees,'' Legal Times 36 (July 26, 
     1993)
       ``We the People--and Congress--Have Yet to Be Heard'' (with 
     Bruce Ackerman), L.A. Times (May 5, 1993)
       ``Reflections on Kissinger,'' Constitution (Winter 1993)
       ``The War Powers Debate,'' Ending the Cold War at Home 41 
     (1992)
       ``The Constitution and the Bill of Rights,'' 85 American 
     Society of International Law Proc. 199 (1991)
       ``Foreword,'' Asian Americans and the Supreme Court: A 
     Documentary History ix (H.C. Kim ed.) (Greenwood Press 1992)
       ``Begging Bush's Pardon,'' 29 Hous. L. Rev. 889 (1992)
       Conversation/By Steve Kemper,'' Northeast Magazine, July 
     26, 1992
       ``Good News, Bad News,'' Constitution 13 (Spring-Summer 
     1991)
       ``Bush Honors the Law When It Pleases Him,'' Newsday 
     (January 20, 1991)
       ``A Justice for Passion,'' 1990 Annual Survey of American 
     Law (1991)
       ``Transnational Public Law Litigation,'' 100 Yale L.J. 2347 
     (1991)
       ``The Constitutional Roles of Congress, the Executive and 
     the Courts in the Conduct of U.S. Foreign Policy,'' (with K. 
     Stith-Cabranes and S.Y. Koh) (Woodrow Wilson Center 
     monograph) (Fall 1991)
       ``The Coase Theorem and the War Power: A Response,'' 1991 
     Duke L.J. 122 (1991)
       ``Presidential War and Congressional Consent: The Law 
     Professors' Memorandum in Dellums v. Bush,'' 27 Stanford J. 
     Int'l L. 247 (1991)
       ``Summary Remarks, Conference on The Dynamics of U.S.-Korea 
     Trade Relations: Economic, Political, Legal and Cultural,'' 
     (East Rock Press, 1991)
       ``A Level Playing Field for Global Problems: Section 337 of 
     the Tariff Act--A Case Study,'' Proceedings of the Eighth 
     Annual Judicial Conference of the U.S. Court of Appeals for 
     the Federal Circuit, 133 F.R.D. 257 (1990)
       ``The Liberal Constitutional Internationalism of Justice 
     Douglas,'' He Shall Not Pass This Way Again: The Legacy of 
     Justice William O. Douglas 297 (S. Wasby ed., U. of 
     Pittsburgh Press, 1990)
       ``The Responsibility of the Importer State,'' Chapter 8, in 
     G. Handl & R. Lutz, eds., Transferring Hazardous Technologies 
     and Substances: The International Legal Challenge 171 (Graham 
     & Trotman/Martinus Nijhoff, 1989)
       ``Don't Close the Books on Iran-Contra Mess,'' New Haven 
     Register (May 13, 1990)
       ``Graduation Address to Yale Law School,'' (May 1989), 
     excerpted in S. Lee & M. Fox, Learning Legal Skills 207 
     (1991) and Yale Law Report 14 (Fall 1989)
       ``What Congress Must Do To Reassert National Security 
     Power,'' First Principles 5 (September 1988)
       ``Why the President (Almost) Always Wins in Foreign 
     Affairs: Lessons of the Iran-Contra Affair,'' 97 Yale Law 
     Journal 1255 (1988) (republished as Chapter 6 in The 
     Constitution and the Conduct of American Foreign Policy 
     (David Gray Adler & Larry N. George eds. 1996))
       ``The Palestine Liberation Organization Mission 
     Controversy,'' 82 American Society of International Law Proc. 
     534 (1988)
       ``Four Dichotomies in American Trade Policy,'' in 
     Symposium, American Trade Policy: Actors, Issues, and 
     Options, Special Issue No. 1, Yale L. & Pol'y Rev. 4 (1988)
       ``Introduction,'' Focus: Foreign Affairs Under the 
     Constitution, 13 Yale J. Int'l L. 1 (1988)
       ``Rebalancing the Medical Triad: Justice Blackmun's 
     Contributions to Law and Medicine,'' 13 Am. J. L. & Med. 201 
     (1988)
       ``The Treaty Power,'' 43 U. Miami L. Rev. 106 (1988)
       ``A Legal Perspective,'' Chapter 5, in Perspectives On A 
     U.S.-Canadian Free Trade Agreement (R. Stern, P. Trezise & J. 
     Whalley, eds.) (Brookings Institution 1987) (based on 12 Yale 
     J. Int'l L. 193 (1987))
       ``The Legal Markets of International Trade: A Perspective 
     on the Proposed United States-Canada Free Trade Agreement,'' 
     12 Yale Journal of International Law 193 (1987)
       ``Civil Remedies for Uncivil Wrongs: Combatting Terrorism 
     Through Transnational Public Law Litigation,'' 22 Texas 
     Int'l.L.J. 169 (1987)
       ``Why the President (Almost) Always Wins in Foreign 
     Affairs,'' 81 American Society of International Law Proc. 248 
     (1987)
       ``Looking Beyond Achievement: After `the Model Minority,' 
     Then What?'', 3 Korean And Korean-American Studies Bulletin 
     15 (Fall/Winter 1987)
       ``Thoughts on Being a Korean-American Legal Academic,'' 1 
     Korean-American Journal 5 (May 1986)
       ``Asians in American Law'', Yale Law Report 28 (Fall 1986)
       Book Review, H. Steiner & D. Vagts, Transnational Legal 
     Problems and D. Vagts, Transnational Business Problems, 20 
     Int'l.Law 1417 (1986)
       ``Judge Wilkey's Contributions to International Law and the 
     Foreign Relations Law of the United States,'' 1985 B.Y.U. Law 
     Rev. 647 (1985)
       ``Malcolm R. Wilkey: Jurist and Scholar,'' 19 Int'l Law. 
     1289 (1985)
       ``Congressional Controls on Presidential Trade Policymaking 
     after INS v. Chadha,'' 18 N.Y.U.J.Int'l.L.& Pol. 1191 (1986)
       ``Equality with a Human Face: Justice Blackmun and the 
     Equal Protection of Aliens,'' 8 Hamline Law Rev. 51 (1985)
       Note, ``The Constitutionality of Municipal Advocacy in 
     Statewide Referendum Campaigns,'' 93 Harv.L.Rev. 535 (1980)
       Case Comment, ``Discovery from Media Defendants in Public 
     Figure Defamation Actions: Herbert v. Lando,'' 93 Harv.L.Rev. 
     149 (1979)


                    Selected Congressional Testimony

       Testimony before the Senate Judiciary Committee 
     Subcommittee on the Constitution regarding Restoring the Rule 
     of Law (September 16, 2008)
       Testimony before the House Foreign Relations Committee 
     regarding ``The 2006 Country Reports on Human Rights 
     Practices and the Promotion of Human Rights in U.S. Foreign 
     Policy'' (March 29, 2007)
       Testimony before the Senate Committee on the Judiciary 
     regarding ``Hamdan v. Rumsfeld: Establishing a Constitutional 
     Process'' (July 11, 2006)
       Testimony before the Senate Committee on the Judiciary 
     regarding ``Wartime Executive Power and the National Security 
     Agency's Surveillance Authority'' (February 28, 2006)
       Testimony before the Senate Judiciary Committee regarding 
     ``The Nomination of the Honorable Alberto R. Gonzales as 
     Attorney General of the United States'' (January 7, 2005)
       Testimony before the House Committee on International 
     Relations regarding ``A survey and analysis of supporting 
     human rights and democracy: The U.S. record 2002--2003'' 
     (July 9, 2003)
       ``United States Ratification of the Convention on the 
     Elimination of All Forms of Discrimination Against Women,'' 
     Hearing Before the U.S. Senate Foreign Relations Committee 
     (June 13, 2002)
       ``Human Rights in Turkey,'' Hearing before the Commission 
     on Security and Cooperation in Europe, Washington, DC (March 
     9, 2000).
       ``Country Reports on Human Rights Conditions,'' Testimony 
     before the Subcommittee on International Operations and Human 
     Rights, U.S. House of Representatives Washington, DC, (March 
     8, 2000).
       ``The Global Problem of Trafficking in Persons: Breaking 
     the Vicious Cycle,'' Hearing Before the House Committee on 
     International Relations (Sept. 14, 1999)
       ``Human Rights at the End of the 20th Century,'' Hearing 
     before the Commission on Security and Cooperation in Europe; 
     Washington, DC, (March 17, 1999).
       ``Country Reports on Human Rights Conditions,'' Testimony
       ``Country Reports on Human Rights Conditions,'' Testimony 
     before the Subcommittee on International Operations and Human 
     Rights, U.S. House of Representatives (March 3, 1999)
       ``Human Rights in China,'' Testimony International 
     Operations and Human Rights, U.S. House of Representatives, 
     Washington DC (January 20, 1999)
       ``U.S. Policy Toward Haiti'': Hearing Before the 
     Subcommittee on Western Hemisphere and Peace Corps Affairs of 
     the Senate Committee on Foreign Relations, 103d Cong. 2d 
     Sess. (Mar. 8, 1994)
       ``The Nonrefoulement Reaffirmation Act of 1992,'' House 
     Foreign Affairs Committee (June 11, 1992)
       ``U.S. Human Rights Policy Toward Haiti,'' Hearing before 
     Legislation and National Security Subocmmittee; House 
     Government Operations Committee, 102nd Cong., 2nd Sess. 97 
     (April 9, 1992)

[[Page 15872]]

       ``The Constitutional Roles of Congress and the President in 
     Waging and Delcaring War,'' Senate Judiciary Committee 
     (January 8, 1991)
       ``Executive-Congressional Relations in a Multipolar 
     World,'' Hearings Before the Senate Foreign Relations 
     Committee, 101st Cong., 2d Sess. 92 (Nov. 26, 1990)
       Testimony on H.R. 3665, the Official Accountability Act, 
     before the House Judiciary Committee, Subcommittee on 
     Criminal Justice, (June 15, 1988)


                           Awards and Honors

       100 Most Influential Asian Americans of the 1990s, A 
     Magazine; Named to the APublic Sector 45'' (45 leading 
     American Public Sector Lawyers Under the Age of 45), American 
     Lawyer Magazine (1997); Connecticut Bar Association 
     Distinguished Public Service Award (2002); John Quincy Adams 
     Freedom Award, Amistad America (2002); Korean American 
     Coalition Public Service Award (2001); Honorary Citizenship, 
     Pukcheju, Republic of Korea (1999); Institute for Corean-
     American Studies Liberty Award (2000); FACE (Facts About 
     Cuban Exiles) Excellence Award (1999, 1994); Named one of 
     nation's leading Asian-American Educators, Avenue Asia 
     Magazine (1997); Asian-American Lawyer of the Year, Asian-
     American Bar Association of New York; 1995 Trial Lawyer of 
     the Year Award, Trial Lawyers for Public Justice (co-
     recipient); Cuban-American Bar Association (1994); Political 
     Asylum Immigration Representation Project (1994); Asian-
     American Lawyers of Massachusetts (1994); Haiti 2004 (1994); 
     Korean-American Alliance (1994); Asian Law Caucus (1993); 
     Asian-American Legal Defense & Education Fund, Justice in 
     Action Award (1993); Co-recipient, American Immigration 
     Lawyers' Association 1992 Human Rights Award; Richard E. 
     Neustadt Award, Presidency Research Section, American 
     Political Science Association (1991)


                       Selected Legal Activities

       Secretary of State's Advisory Committee on Public 
     International Law (1994-98)
       Editor, Justice Harry A. Blackmun Supreme Court Oral 
     History Project, Federal Judicial Center/Supreme Court 
     Historical Society (1994-96)
       Co-author, Law Professors= Letter to Senate Judiciary 
     Committee Regarding Military Commission, December 5, 2001, 
     available at http://www.yale.edu/lawweb/liman/letterleahy.pdf
       Counsel for U.S. Diplomats Morton Abramowitz, et al, Amicus 
     Curiae in McCarver v. North Carolina, No. 00-8727 (U.S. cert. 
     Dismissed Sept. 25, 2001) and Atkins v. Virginia (No. 00-
     8452) (U.S. argued Feb. 20, 2002) (arguing that execution of 
     those with mental retardation violates Eighth Amendment's 
     cruel and unusual punishments clause)
       Consultant, United Nations High Commissioner on Refugees 
     Global Consultations on reformation of the UN Refugee 
     Convention, Cambridge University (Summer 2001)
       Arbitrator, Binational Dispute Settlement Panel Convened 
     Under Chapter 19 of the U.S.-Canada Free Trade Agreement, No. 
     U.S.A.-93-1904-05, In re Certain Flat-Rolled Carbon Steel 
     Products from Canada (Nov. 4, 1994)
       Co-founder (with Michael Ratner), Allard K. Lowenstein 
     International Human Rights Clinic at Yale Law School (1991-)
       Counsel for respondents, Royal Dutch Petroleum Co. v. Ken 
     Wiwa, et al., (U.S. S.Ct., No. 00-1168, cert. denied March 
     26, 2001)
       Of counsel and oralist for plaintiffs, Cuban-American Bar 
     Ass'n v. Christopher, 43 F.3d 1413 (11th Cir. 1995) (For work 
     done on this case, received 1994 Human Rights Award from 
     Cuban-American Bar Ass'n)
       Lead counsel for plaintiffs, Sale v. Haitian Centers 
     Council, Inc., 113 S.Ct. 2549 (1993), 823 F.Supp. 1028 
     (E.D.N.Y. 1993), and 969 F.2d 1326 (2nd Cir. 1992) (For work 
     done on this case, recognized by Haiti 2004, Korean-American 
     Alliance, Political Asylum Immigration Representation Project 
     and as co-recipient, 1993 Justice in Action Award, Asian-
     American Legal Defense and Education Fund; Co-recipient, 1992 
     Human Rights Award, American Immigration Lawyers' 
     Association; Asian Law Caucus)
       Co-counsel for petitioners, In re civilian population of 
     Chiapas, Mexico and certain Members of the Ejercito Zapatista 
     de Liberacion Nacional (Inter-American Commission on Human 
     Rights) (filed January 27, 1994); In re Haitian population of 
     Bahamas
       Co-counsel for plaintiffs, Doe v. Karadzic, 70 F. 3d 232 
     (1995); 176 F.R.D. 458 (S.D.N.Y. 1997) (represented from 
     filing of complaint until 1998, when withdrew from 
     representation to join U.S. government; after a two-week jury 
     trial in September 2000, a jury awarded plaintiffs 
     approximately $ 4.5 billion in compensatory and punitive 
     damages); Greenpeace, Inc. (U.S.A.) v. France, 946 F. Supp. 
     773 (C.D. Cal. 1996); Paul v. Avril, 812 F. Supp. 207 (S.D. 
     Fla. 1993) ($41 million judgment awarded); Todd v. Panjaitan, 
     No 92-12255WD (D. Mass. decided October 25, 1994) ($14 
     million judgment awarded); Xuncax v. Gramajo, No. 91-11564WD 
     (D.Mass., filed June 6, 1991); Ortiz v. Gramajo (D.Mass. 
     1992)($47.5 million judgment awarded); Doe v. Karadzic, 866 
     F. Supp. 734 (1994); No. 94-9035 (2d Cir. 1995); Belance v. 
     FRAPH, No. 94-2619 (E.D.N.Y.) (Nickerson, J.) (For work done 
     on Avril and Gramajo cases, named as co-recipient, 1995 Trial 
     Lawyer of the Year Award, by the Trial Lawyers for Public 
     Justice)
       Amicus Curiae, U.S. Supreme Court, Argentine Republic v. 
     Amerada Hess (1990); United States v. Alvarez-Machain, 
     (1992); Nelson v. Saudi Arabia, No. 91-522 (1993); Jaffe v. 
     Snow, No. 93-241 (1993); Trajano v. Marcos, 978 F.2d 493, 
     499-500 (9th Cir. 1992), cert. denied, 113 S. Ct. 2960 
     (1993); No. 93-9133 Negewo v. Abebe-Jira, 11th Cir. 1995; 
     Abebe-Jiri v. Negewo, No. 90-2010, Slip Op. at 7 (N.D. Ga. 
     Aug. 20, 1993)
       Co-author (with ten other constitutional law scholars) of 
     Memorandum Amicus Curiae of Law Professors in Ronald v. 
     Dellums v. George Bush (D.D.C. 1990), reprinted in 27 
     Stanford Journal International Law 257 (1991); (with nine 
     other constitutional law scholars) of Correspondence With 
     Assistant Attorney General Walter Dellinger re Legality of 
     United States Military Action in Haiti, reprinted in 89 
     American Journal International Law 127 (1995)
       Co-author (with David Cole and Jules Lobel), ``Interpreting 
     the Alien Tort Statute: Amicus Curiae Memorandum of 
     International Law Scholars and Practitioners in Trajano v. 
     Marcos,'' 12 Hastings Int'l & Comp. L. Rev. 1 (1988) 
     (published Amicus Curiae Brief on behalf of nineteen 
     international law scholars and practitioners in international 
     human rights case)
       Co-author, Brief Amicus Curiae Urging Denial of Certiorari, 
     Tel-Oren v. Libyan Arab Republic, reprinted in 24 I.L.M. 427 
     (1985) (as Justice Department Attorney)
       Litigation before Iran-U.S. Claims Tribunal, Case No. 55, 
     Amoco Iran v. Islamic Republic of Iran (as Private 
     Practitioner)
       Co-counsel for Iranian Hostages in Persinger v. Iran (D.C. 
     Cir. 1982) and Cooke v. United States (Cl. Ct. 1982) (as 
     Private Practitioner)
       Litigation before International Court of Justice in 
     Nicaragua v. United States, 1986 I.C.J. 14 (as Justice 
     Department Attorney)


                             Named Lectures

       Cecil Wright Lecture, University of Toronto School of Law 
     (2002); Korematsu Lecture, New York University School of Law 
     (2002); George Wythe Lecture, William and Mary College of Law 
     (2002); Robert Levine Lecture, Fordham Law School (2002); 
     Frank Strong Lecture, Ohio State University School of Law 
     (2002); Barbara Harrell-Bond Lecture, Oxford University 
     (2001); Edward Barrett Lecture, University of California at 
     Davis School of Law (2001); Bruce Klatsky Lecture, Case 
     Western Reserve University School of Law (2001); Richard 
     Childress Lecture, St. Louis University School of Law (2001); 
     Frankel Lecture, University of Houston Law Center (1998); 
     Harris Lecture, University of Indiana Law School (1998); 
     Scuola Santa Anna (Pisa, Italy) (1997); Bartlett Lecture, 
     Yale Divinity School (1997); Waynflete Lectures, Magdalen 
     College, Oxford University (1996); Enrichment Lecturer, 
     George Washington University National Law Center (1995); 
     Scholar-in-Residence, Hofstra University (1995); Ralph Kharas 
     Lecture, Syracuse University (1995); Mason Ladd Lecture, 
     Florida State University (1995); 1995 Martin Luther King 
     Lecture, Smithsonian Institution (1995); Roscoe Pound 
     Lecture, University of Nebraska College of Law (1994); 
     Emmanuel Emroch Lecture, University of Richmond Law School 
     (1994); George Allen Distinguished Visiting Professor, 
     University of Richmond Law School (1994); Roy R. Ray Lecture, 
     Southern Methodist University School of Law (1994); William 
     H. Leary Lecture, University of Utah Law School (1993); 
     Convocation Lecturer, Duke Law School (1993); McGill Law 
     School (1993); Gerber Lecture, University of Maryland 
     (Baltimore) (1993). Commencement Addresses at Yale Law School 
     (1987, 1989, 2000), Skidmore College (2002); University of 
     Connecticut School of Law (2000); Dickinson College (2000); 
     Villanova Law School (2000); Touro College of Law (2000); 
     Albertus Magnus College (1999); NYU Law School (1999); 
     University of Maryland (Baltimore) School of Law (1995)


                          Teaching Activities

       Faculty Member, Oxford/George Washington University Joint 
     Programme in International Human Rights Law, New College 
     Oxford, 1996, 1998, 2002; American University Human Rights 
     Academy 2001; Aspen Institute, Law and Society Program 
     (Moderator 2001; Harry Blackmun Fellow, 1992); Aspen 
     Institute, Seminar for Judges on International Human Rights: 
     Its Application in National Jurisprudence, Wye Plantation 
     (1994, 95, 98); Federal Judicial Center, ``The Role of 
     International Law in the U.S. Courts (March 1994); Faculty 
     Member, American Law and Legal Institutions, Salzburg 
     Seminar, Salzburg, Austria (1991); Center for National 
     Security Studies National Security Law Institute for 
     Professors (1991, 1992); Distinguished Visitor, The Policy 
     Study Group, Tokyo, Japan (1990)


                           Boards of Editors

       Editorial Board, University Casebook Series, Foundation 
     Press (1993-98, 2001-); American Journal of International Law 
     (1992-); Editorial Review Board, Human Rights Quarterly 
     (1994-96); Advisory Committee, Journal of Legal Education 
     (1991-94); Editorial Advisory Board, Human Rights Watch World 
     Report (Yale University Press)


                       Professional Affiliations

       Executive Council, American Society of International Law 
     (1998-present); Chair,

[[Page 15873]]

     Nominating Committee, American Society of International Law 
     (1998); National Council, Lawyers Committee for Human Rights 
     (1997-98); Legal Advisory Committee, Connecticut Civil 
     Liberties Union (1997-98); The Benchers (1994-); Coordinating 
     Committee for Immigration, American Bar Association (1993-5); 
     Oversight Committee, University of California at Berkeley 
     School of Law (1991); American Society of International Law 
     Board of Review and Development (1989-91); Advisory Board, 
     Center for National Security Studies, American Civil 
     Liberties Union (1991-93); Member, Executive Committee of 
     International Law Section of American Association of Law 
     Schools (1988-90); Member, Executive Committee of Civil 
     Procedure Section of American Association of Law Schools 
     (1991-93); Vice-Chair, International Legal Education 
     Committee, American Bar Association Section of International 
     Law and Practice (1991-93); Liaison Between ABA International 
     Law Section and AALS (1990-91); Advisory Committee, Yale 
     Center for International and Area Studies, Center for Western 
     European Studies, International Security Program, 
     International Relations Program, and Allard K. Lowenstein 
     International Human Rights Project; Fellow, Timothy Dwight 
     College


                      Presentations and Workshops

       Faculty Workshops at more than twenty schools; scores of 
     lectures and presentations on International Human Rights Law, 
     U.S. Trade Policy and International Economic Law; 
     International Litigation and Procedure; International and 
     Foreign Affairs Law; European Community Law; Law Teaching; 
     Immigration and Refugee Law; Asian-American Issues; and 
     invited presentations at numerous judicial conferences and 
     bar associations


                                 Boards

       Brookings Institution Board of Directors (2004-); 
     Connecticut Bar Foundation Board of Directors (2004-05); 
     Harvard University Overseer (2001-); Visiting Committee, 
     Harvard Law School (1996-2002); Visiting Committee, Harvard 
     Kennedy School of Government (2007-); Visiting Committee, 
     University of Toronto Faculty of Law (2004); Board of 
     Directors, American Arbitration Association (2007-); Board of 
     Directors, Human Rights in China (2002-5); Member of Council, 
     American Law Institute (2006-); Counselor, American Society 
     of International Law, Washington, DC (honorary post; 2008-); 
     Thomas J. Dodd Research Center National Advisory Board (2001-
     ); Board, National Democratic Institute (2001-); Board of 
     Human Rights First (formerly Lawyers Committee for Human 
     Rights) (2001-); Board of Human Rights in China (2001-); 
     Board of International Campaign for Tibet (2001-); Human 
     Rights Watch (1994-98); Hopkins School (1997-); Interights 
     (1996-98); St. Thomas's Day School (1993-96); Connecticut 
     Civil Liberties Union (1993-7); Initiative for Public 
     Interest Law at Yale (Chair, 1988-90); East Rock Institute 
     (Secretary); YLS Early Learning Center (Treasurer 1987-88)


                                  Bars

       New York (1981); District of Columbia (1981); Connecticut 
     (1985); U.S. Supreme Court (1985); U.S. Ct. App., Eleventh 
     Circuit (1995); D.C. Circuit (1981); U.S. Dist. Ct., D.C. 
     (1981); D. Conn. (1985); U.S. Claims Ct. (1983)


                              References:

       Hon. Malcolm R. Wilkey (ret.), Santiago, Chile, U.S. Ct. 
     App. DC Cir. (Ret.)
       Sen. Russell Feingold Washington, D.C.
       Sen. Daniel Patrick Moynihan (ret.) Washington, D.C.
       Judge Guido Calabresi U.S. Ct. App., 2d Cir.
       Prof. Arthur R. Miller Harvard Law School
       Larry L. Simms, Esq. Gibson, Dunn; Crutcher, D.C.
       Peter D. Trooboff, Esq. Covington; Burling, D.C.

  Mr. SPECTER. I yield the floor, and I suggest the asbence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. COBURN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  Mr. BEGICH. Without objection, it is so ordered.

                          ____________________