Leitner Family Professor
Co-Director, Leitner Center for International Law and Justice
Phone: + 1 212-636-6857
Cell: +1 917-880-7918
Twitter ID: MFlaherty17
COLUMBIA, J.D., 1988
YALE, M. Phil., 1987; M.A., with distinction, 1982
PRINCETON, B.A., summa cum laude, 1981
TRINITY COLLEGE DUBLIN, ITT/Fulbright Fellow, 1981-82
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 Review, Constitutional 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.
- Visiting Professor, Woodrow Wilson School of Public & International Affairs, Princeton University (2004-present)
- Visiting Professor, Columbia Law School, Columbia University (Spring 2011)
- Chair, Committee on International Human Rights, Association of the Bar of the City of New York (2003-06)
- Visiting Fellow, Program in Law and Public Affairs, Woodrow Wilson School of Public & International Affairs, Princeton University (2003-04)
- Visiting Professor, China University of Political Science and Law, Beijing (Spring 1999)
- Visiting Professor, National Judges College, Beijing (Spring 1999)
- Consultant, Lawyers Committee for Human Rights (1992-present)
- Law Clerk to Hon. Byron R. White, Supreme Court of the United States (October Term 1990)
- Law Clerk to Hon. John J. Gibbons, U.S. Court of Appeals for the Third Circuit (1988-89)
- Book Review & Articles Editor, Columbia Law Review (1987-88)
CONSTITUTIONAL and FOREIGN RELATIONS LAW
- Restoring the Global Judiciary: Why the U.S. Supreme Court Should Rule in U.S. Foreign Affairs (2019)
- Restoring Separation of Powers in Foreign Affairs, 2 St. John’s Journal of International and Comparative Law 1 (2012)
- Judicial Foreign Relations Authority After 9/11, 56 New York Law School Law Review 121 (2012) [symposium on the tenth anniversary of 9/11]
- 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 2011).
- 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 2011).
- 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 University L.J. 137 (2008).
- ‘The Story of the Neutrality Controversy: Struggling Over Presidential Power Outside the Courts’ in Presidential Power Stories (Curtis A. Bradley and 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].
- Executive Power Essentialism and Foreign Affairs, 102 MICHIGAN LAW REVIEW 545 (2004) [with Curtis A. Bradley]
- The Future and Past of U.S. Foreign Relations Law, 67 LAW AND CONTEMPORARY PROBLEMS (2004)
- Aim Globally: The Place of Foreign Affairs Law in the U.S. Constitutional Canon 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)
- The Most Dangerous Branch, 105 YALE LAW JOURNAL 1725 (1996)
INTERNATIONAL HUMAN RIGHTS
- One Country, Which Direction?: Hong Kong 15 Years After the Handover, 51 COLUMBIA JOURNAL OF TRANSNATIONAL LAW 275 (2013)
- Keynote: ‘But for Wuhan?: Do Foreign Law Schools That Operate in Authoritarian Regimes Have Human Rights Obligations?,” 5 DREXEL LAW REVIEW (2013)
- Human Rights Law, American Justice, and the “War on Terror,” 25 OAH MAGAZINE OF HISTORY 35 (2011).
- 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 (John Morrison et al. 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 in Kenya, 28 FORDHAM INTERNATIONAL LAW JOURNAL 1 (2005) [with Tracy Higgins and Mehlika Hoodbhoy].
- Unjust Order: Malaysia’s Internal Security Act (2003) [with Nicole Fritz]
- Presumed Guilty? Criminal Justice and Human Rights in Mexico (Crowley Program & Centrode Derechos Humanos Miguel Agustin Pro Juarez, 2001)
- 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 THE CITY OF NEW YORK 325 (2000) [Co-author and editor]
- Obstacles to Reform: Exceptional Courts, Police Impunity and Persecution of Rights Defenders in Turkey (1999) [Co-author and editor]
- Justice on Trial: State Security Courts, Police Impunity, and the Intimidation of Human Rights Defenders 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]